INTERNATIONAL LABOUR OFFICE STUDIES AND REPORTS Series O (Migration) No. 3 MIGRATION LAWS AND TREATIES VOLUME III International Treaties and Conventions GENEVA 1929 Published in Three Volumes Price per Volume : 7s. 6d.; $2 The Three Volumes ; £1 ; $5 Published in the United Kingdom For the Internationai- Labour Office (League of Nations) By P. S. KING & SON, Ltd. Orchard House, 14 Great Smith Street, Westminster, London, S.W. 1 Distributed in the United States By the World Peace Foundation, 40 Mount Vemon street, Boston, Mass. IL0-SR/03 r Enquiries concerning the International Labour Office and its 'publications may be addressed either to the Office in Geneva, Switzerland, or to the National Correspondents of the Office : GREAT BRITAIN : Mr. M. R. K. Burge, 12 Victoria Street, London, S,W. 1. {Telegrams : Interlab, Sowest, London; Telephone : Victoria 2859.) UNITED STATES : Mr. L. Magnusson, 701 Lenox Building, 1523 L Street, Washington, D.C. {Telegrams: Interlab, Washington.) FRANCE : Mr. Mario Roques, 13 Rue de Laborde, Paris. {Telegrams : Interlab, Paris 118; Telephone: Laborde 12.62.) ITALY : Mr. A. Cabrini, 12 Via Calabria, Rome. {Telegrams: Interlab, Rome; Telephone : 31.8.52.) GERMANY : Mr. W. Donau, Scharnhorststrasse 35, Berlin, N.W. 40. {Telegrams : Burintrav, Berlin; Telephone : Norden 28;31.) INDIA : Mr. P. P. Pillai, International Labour Office (Indian Branch), New Delhi. {Telegrams : Interlab, New Delhi.) JAPAN : Mr. Z. Asari, Kyocho Kai Building, 6 Shiba Park, Tokyo. {Telegrams : Kokusairodo, Tokyo.) INTERNATIONAL LABOUR OFFICE STUDIES AND REPORTS Series O (Migration) No. 3 MIGRATION LAWS AND TREATIES VOLUME III International Treaties and Conventions GENEVA 1929 Published in the United Kingdom For the Inteenational Labour Office (League of NatiÔïwJ By P, S. KING & SON, Ltd. Orchard House, 14 Great Smith Street, Westminster, London, S.W. 1 No. 4648.—Printer Office de Publicité (Ane. Établiss. J. Lbbègue & C*®) 7, impasse du Sureau, Brussels (Belgium). PREFACE The first two volumes of this work were devoted to a study of national laws and regulations governing migration in the countries of emigration and of immigration respectively. National legislation alone, however, cannot cover all the aspects of migration, which, by its very nature, inevitably affects more than one country. Many of the problems arising from migration can only be dealt with by international agreement. It is therefore necessary to complete this study by an analysis of the diplomatic instruments bearing on the subject. The present volume—^the last of the series—is accordingly devoted to a survey of the international treaties and conventions concerning emigration. The need of international agreement for the regulation of migration has been felt at all periods. History provides a vast number of examples of treaties touching various phases of this phenomenon. But treaties, like laws, are not everlasting. The two oldest migration agreements still in force date back to the second half of the eighteenth century, the first being the Treaty concluded in 1783 between the United States of America and Sweden (which, according to a statement made to the International Emigration Commission in 1921, was the most ancient agreement concerning migration then in operation), and the second, the Jay Treaty signed by Great Britain and the United States in 1794, after the rebellion of the American colonies. This latter Treaty was recently cited in the Supreme Court of the United States against an unduly wide application of the United States Immigration Law of 1924. Since these two Treaties were made, the number of treaties has multiplied until nowadays hardly a week passes without IV PREFACE the conclusion of some new treaty. One treaty will deal with migration as such; another will refer only to foreign workers; a third to the settlement of immigrants in the territory of one of the Contracting Parties. In one treaty migration is encouraged; in another it is restricted or prohibited. In one treaty agreement is made on methods of recruiting, selection or supervision; another embodies provisions for the protection of migrants. One treaty deals only with wage earners, while another extends to all classes of foreigners. In some cases the agreement is confined to a specified point; in others, the provisions relating to migration are included in a general regulation of the whole commercial and economic relations between the Parties. In most cases the agreements relate only to the relations of two countries ; but in some cases they concern the more complicated problems of the mutual relations of a group of countries. In this connection it may be noted that the establishment of the League of Nations and the International Labour Office has greatly enlarged the possibility of multilateral agreement. * * * It would be an exaggeration to claim that the collection of migration treaties contained in the present vòlume is absolutely complete. All that has been practicable has been to bring together a very considerable number of such treaties; so considerable, in fact, that in many instances only a short analysis of their provisions could be given. Such condensation has been found specially necessary in dealing with treaties governing the status of immigrants or the general relations between two countries ; a detailed analysis of such instruments, one by one, would have required far more space than was available in a single volume. At the same time, no treaties have been completely ignored. Our endeavour has been to set out, briefiy, the various international settlements at which the principal countries have arrived on the points of chief importance. The process of elimination, as always, has necessarily been somewhat arbitrary. A special effort, however, has been made throughout to include all agreements directly affecting foreign workers. The information presented in this volume is arranged under subject headings; that is to say, not according to the nature of PREFACE V the particular agreement, but according to the particular migration problem with which it deals. It will be observed, however, that for each subject the information is derived from treaties and conventions of widely different types. Nowhere, perhaps, does expediency take precedence over a purely rational procedure more than in international agreements. The conclusion of a treaty of amity, a convention respecting consular arrangements, or almost any other kind of agreement, provides an opportunity, which no Government is slow to.seize, to define the position of its nationals abroad, to settle any outstanding difference on a point of law concerning nationality, to establish the conditions whereby its emigrants are entitled to charitable relief, or to deal with similar questions which call for agreement. Thus, a commercial treaty may contain clauses relating to social insurance benefits, legal aid, the protection of immigrants, the transport or transit of emigrants, etc. Sometimes the final protocol of a general treaty may lay down a complete plan for the recruiting of labour. A single treaty may include two or three clauses bearing on migration from various standpoints, although the main substance of the treaty concerns a totally different question. For the purposes of the present work, therefore, it has been necessary to dissect these documents in order to bring together those of their provisions which deal with the same subject and obtain a general view of them as a whole. ( Treaties dealing more particularly with the emigration and with the recruitment and employment of labour are obviously of special interest for the purposes of this study. Such instruments are of great social importance, and all their provisions are closely related. In view of this, and by way of exception to the general procedure indicated above, such treaties have in each case been analysed as a whole in one part of the study, references being given to them where necessary in other parts of the work. * * * The compilation of a report dealing with a problem so worldwide as that of migration, the subject nowadays of legislation or diplomatic measures in almost every country of the world, is obviously attended by many and varied difficulties. These difficulties. VI PREFACE however, have been lessened as a result of the scrupulous observance by Governments of the Recommendation adopted by the International Labour Conference of 1922 concerning the communication to the International Labour Office of statistical and other information regarding migration. The Office takes this opportunity to tender its sincere thanks to all the Governments, whether of States Members or States non-Members of the Organisation, which have assisted the Office in carrying out a heavy task, the necessity of which, as evidenced by the resolutions of several international assemblies, has frequently been recognised. The information provided by these Governments, spontaneously or on request, has contributed to correct and complete the data obtained by the Office from official publications and texts of treaties. Thanks to this help, a vast amount of information has been collected. The first two volumes of this work covered the laws and regulations of 62 Sovereign States and Dominions, 24 Provinces having their own legislation, 90 colonies and dependencies, and 9 mandated territories. For the present volume, over 1,000 bilateral and multilateral treaties have been analysed; this represents, in view of the mutual obligations accepted by States which have ratified or adhered to such treaties, a mass of contractual relations between States which is far larger than the mere number of treaties would suggest. Thus, in the three volumes, the two sets of measures relating to migration—legislative and diplomatic—corresponding respectively to the national and the international aspects of the problem, have been fully set forth. The authors do not pretend that this analysis of the huge mass of national and international measures is either exhaustive or faultless. No doubt a number of documents, including perhaps some of real importance, have eluded our researches; doubtless, in the translation and sifting of documents written in many different languages, mistakes and omissions have occurred. The possibility of such defects is realised by no one more acutely than by the authors, who will be the first to welcome any more exact or supplementary information which readers may be able to supply. In spite, however, of any faults the work may possess, it is hoped that these three volumes will facilitate the study of a question, the documentary material on which is so voluminous as to be outside the compass of any PREFACE YII private collection. Every endeavour has been made to present the facts in such a form as to enable the reader readily to find what he is seeking, and at the same time, to harmonise the different sections of the work in such a way as to obtain the maximum unity throughout. The effort to preserve uniformity of plan and method has been made easier by the fact that the whole of the research work involved, which has occupied more than three years, has been carried out by a very small group of workers. For the most part, the actual preparation of the study was conducted by Madame Marguerite Thibert, Docteur ès lettres, under the direction of M. Louis Variez, until lately Chief of the Migration Service of the International Labour Office. CONTENTS Preface Chapter I ; The Different Forms of International Agreement concerning Migration § 1. Nomenclature of Agreements § 2. National Legislation Authorising the Conclusion of Treaties dealing with Migration PAGE iii 1 1 8 Chapter II ; International Conferences and Organisations. § 1. Official Conferences dealing with Migration (a) Speeial Groupings of Certain Nations for the Examination of Migration Problems (b) World Conferences § 2. The Permanent Organisations at Geneva as They Affeet Migration Questions (a) The League of Nations (b) The International Labour Organisation (c) Other International Organisations §3. Voluntary International Assoeiations dealing with Migration. 11 11 16 16 17 19 20 Chapter III : General Provisions § 1. The International Definition of a Migrant § 2. International Information 23 23 25 Chapter IV : Freedom of Migration and its Limits § 1. The Right to Emigrate and to Immigrate § 2. Limitation of the Right to Immigrate § 3. The International Co-ordination of Systems of Inspeetion. § 4. Passports, Visas and Other Identity Papers (a) Unification and Simplification of the System (b) Agreements Relating Particularly to Passports (c) The Passport Visa (d) Special Identity Papers for Certain Classes of Persons (Refugees, Persons without Nationality) 29 29 33 38 39 40 41 42 12 13 44 X CONTENTS Chapter V : The Transport of Migrants and of their Property. PAGE 46 § 1. Examination of Migrants § 2. The Transport of Migrants (a) Undertakings for the Transport of Migrants (b) Transport Conditions (c) Inspection and Protection of Migrants on Board Ship. (d) Insurance of Emigrants on Board Ship § 3. Migrants in Transit (a) Provisions with Regard to Passengers in General (b) Provisions Relating Specially to the Transit of Migrants. § 4. Public Health Measures which Affect Migrants § 5. Repatriation ■ (a) Repatriation Following Rejection (b) Repatriation Following Deportation (c) Repatriation of Workers Recruited on a Basis of Labour Contracts (d) Voluntary Repatriation § 6. The Transport and Transfer of Migrants’ Goods and Savings. 46 47 47 51 53 55 56 56 60 64 66 66 67 Chapter VI : The General Status of Foreign Workers § 1. Reciprocity, Equality of Treatment, and the Most-FavouredNation Clause § 2. Conditions of Residence § 3. Cml and Constitutional Rights § 4. Legal Capacity (a) Questions relating to Marriage (b) Questions of Divorce and of Judicial Separation (c) Questions of Inheritance (d) The Protection of Minors and Persons without Legal Capacity (e) The Legal Status and Capacity of Persons without • Nationality (f) The Legal Status and Capacity of Refugees § 5. The Nationality of Immigrants § 6. Recourse to the Courts § 7. Charitable Assistance § 8. The Relief of Minors and Incapacitated Persons (a) Minors (b) Incapacitated Persons §9. Instruction in Schools § 10. Miscellaneous Questions (a) Property Rights of Foreigners (b) Taxation 78 70 72 73 79 85 88 91 92 93 93 93 95 96 97 101 106 113 113 116 117 120 120 121 CONTENTS (c) Services and Obligations (d) Consular Protection XI PAGE 122 123 Chapter VII : Provisions relating to Foreign Workers § 1. Treaties dealing with Labour, Recruitment and the Placing of Workers (a) Multilateral Conventions (b) Bilateral Treaties concerning Migration from One European Country to Another (c) Bilateral Migration Treaties Concluded between African Countries (dj Bilateral and Plurilateral Treaties concerning Migration between American Countries (e) Bilateral Treaties concerning Migration between Asiatic Countries (f) Bilateral Treaties concerning Migration between Two Continents § 2. Model Labour Contracts (a) Model Labour Contract for Yugoslav Seasonal Agricultural Workers (b) Model Contract for the Employment of Czechoslovak Agricultural Workers in France (c) Model Contract for the Engagement of Austrian Workers in France § 3. Admission to Trades and Professions § 4. Apprenticeship § 5. The Application of Labour Legislation to Foreign Workers. (a) Labour Laws (b) Freedom of Association and Workers’ Representation. (c) Social Insurance in General (d) Accident Insurance (e) Invalidity and Old Age Insurance (f) Unemployment Insurance and Relief (g) Sickness Insurance 125 Chapter VIII : Special Problems § 1. The Negro Traffic and the Slave Trade § 2. The Suppression of the Traffic in Women and Children... . § 3. Colonial Emigration § 4. Migration under the Mandatory System § 5. The Migration of Refugees, Optants, Persons Exchanged,etc. (a) Refugees (bj Options for Particular Nationalities (c) Exchange of Populations § 6. Frontier Traffic 229 229 233 237 245 248 249 254 255 257 125 128 129 154 161 161 162 169 171 174 176 177 182 183 186 192 194 203 218 222 226 XII CONTENTS Appendix PAGE Chronological List of the Principal Treaties, Agreements, Conventions, Diplomatic Notes, etc., Analysed in the Present Volume... 261 Addendum Austro-German Agreement 321 Indexes I, Subject Index II. Index by Country 323 349 CHAPTER I THE DIFFERENT FORMS OF INTERNATIONAL AGREEMENT CONCERNING MIGRATION § 1.—Nomenclature of Agreements International regulation of affairs concerning migration is carried out by means of international agreements greatly differing from each other in form and substance. Their nomenclature also varies considerably and is sometimes rather uncertain. In view of this, while making no pretence to fix hard and fast rules, it is necessary for practical purposes to decide on the vocabulary to be used in this third volume, just as at the beginning of the work current terms had to be defined and even new words coined where necessary. In the choice of this vocabulary, an endeavour will be made to select terms which are in most common use, or the use of which is in process of becoming established. The word treaty will be used to designate formal instruments embodying a direct agreement between two States or among a restricted group of States. According to a use which is becoming more and more general, the term convention will be used in the case of multilateral agreements which are as nearly universal as possible, drafted either by special diplomatic conferences or, as is more usual nowadays, by the international organisations created since the war, viz. the League of Nations and the International Labour Organisation, for the purpose of establishing common rules to be observed by such of their Members as ratify the convention. This is the meaning to be given to the term international convention in the title of this volume. Another use of the term convention must be noted, however, and must necessarily be taken into account when existing diplomatic instruments are described—the name is often given to agreements referring 2 THE DIFFEKENT FOIëMS OF AGREEMENT to specific points of law. In this sense the term is used, for instance, in speaking of sanitary conventions or consular conventions. Migration questions can also be regulated through the signing of minutes of proceedings or of protocols, by an exchange of diplomatic notes, by memoranda, by modus vivendi and other diplomatic instruments in use. As there exists no unanimity whatever as regards a definition of those instruments, their definition will not be attempted; those terms will only be used to describe international agreements called by one or another of those names. Migration questions are often dealt with by means of simpler arrangements made between the competent Government departments of interested States, for the purpose either of applying principles laid down in treaties or of adopting practical measures on which these Governments are agreed without the solemn procedure of treaty-making. Such instruments, having the same effect as treaties, are not generally submitted to the process of ratification and come into force immediately they have been signed. In German they are called “Ressortübereinkommen”, in English administrative agreements,, and in French the term “accords administratifs” is generally used. From a practical point of view, international agreements concerned with migration may be distinguished according to the number of contracting States. Most of them are made by two States in order to settle their special interests directly; these will be called bilateral treaties. Such treaties may be reciprocal agreements, that is to say, they may be mutual undertakings on the part of both parties with regard to the nationals of the other Party. The labour treaties signed by France between 1919 and 1924 with Belgium, Czechoslovakia, Italy, and Poland are of this nature. Bilateral treaties may also include unilateral undertakings concerning, for instance, the emigration of the nationals of one Party to the territory of the other Party. Such is the case, for instance, in the treaty concluded in 1927 between Germany and Poland for the emigration of Polish agricultural workers to Germany. Certain treaties involving the participation of several States, and which for this reason will be called 'plurilateral treaties, are closely allied to bilateral treaties in form and purpose : they are NOMENCLATURE OF AGREEMENTS 3 treaties coneluded by a limited group of contracting States whose common interests call for the colleetive settlement of certain questions. Thus, the Seandinavian countries have on several oeeasions eoneluded treaties among themselves for reeiprocal assistance to indigent nationals (26 May 1914), the transit of deported aliens (28 May 1919), etc. South American and Central Ameriean States also have frequently settled certain questions amongst themselves. For example, the treaty concluded on 4 February 1889 between the Argentine Republic, Bolivia, Paraguay, Peru, and Uruguay on the subject of the carrying on of the liberal professions may be quoted. The treaties mentioned above are reciprocal treaties. But plurilateral treaties maj?^ impose obligations on a different basis; they may embody undertakings by a single State towards the other States, as in the case of the Peace Treaties of 1919 and 1920, which defined the obligations of Germany, Austria, Bulgaria, and Hungary respectively towards the Powers with which they had been at war. Of a different kind again are the agreements concluded between a very large number of contracting States, which as a rule will be called multilateral conventions. This kind of agreement has a great advantage over a bilateral agreement ; its scope is rapidly and progressively extended, inasmuch as each State ratifying becomes bound to every other State that has done the same. This kind of agreement even tends to become universal, either because all States are invited to the Conference adopting the convention, or because after its adoption by a certain number of States it is open to non-participating States to give it their adhesion. This form of multilateral agreement is not entirely new. In the period preceding the war several conventions of this kind were adopted, after being drafted by Conferences such as those on Private International Law at The Hague, the Paris Health Conferences, the Labour Conferences at Berne, etc., or even under the auspices of permanent organisations such as the International Railway Union of Berne, the Universal Postal Union, etc. The creation by the Peace Treaties of 1919 and 1920 of the great international bodies at Geneva—^the League of Nations and the International Labour Organisation—^has, however, greatly promoted the development of such conventions. The Conventions 4 THE DIFFERENT FORMS OF AGREEMENT adopted under the auspices of the International Labour Organisation constitute a quite novel form of agreement by reason of the fact that they are drawn up not by an assembly of diplomats directly representing interested Governments, but by a specially constituted assembly, the International Labour Conference, consisting of representatives of Governments, of employers and of workers, which adopts the text of the Convention by a special quasi-parliamentary procedure and submits it to the States for ratification. These Labour Conventions therefore tend to establish an international body of labour legislation for an important part of the world, viz. for those States Members of the International Organisation which ratify them. Though these international institutions are still in an early stage of development, there is reason to believe that their activities will have an increasing infiuence on the fate of migrants, who, as such, constitute an essentially international population, since by means of international agreements these institutions are gradually regulating the status of aliens and especially of alien workers and because, in order to furnish regulations applying broad principles laid down in these agreements, they frequently stimulate the conclusion of bilateral agreements between countries directly concerned with the settling of certain questions. Multilateral conventions, as such, have far more stability and continuity than bilateral agreements from- the point of view of the infiuence which they may exert on the evolution of international problems. For, while bilateral agreements may lapse at any time because one of the Parties denounces them, or may cease to be observed by tacit consent, multilateral conventions continue in force where other States Parties to them are concerned, even though one Party to them may denounce them and the obligations assumed by it may disappear. The arrangements made remain in force for the other contracting parties, and so continue to exert the educative infiuence attaching to a law that is in force, while, most important of all, the adherence of further States can still be obtained. NOMENCLATURE OF AGREEMENTS 5 A further distinction between treaties can be made not according to their form or the number of participating States, but according to their contents. From this new standpoint and for * the purposes of our survey, treaties will be divided into general and special treaties. (a) General Treaties.—These can be so called either because they apply indiscriminately to all the nationals of the contracting States, or because they seek to regulate relations between two States from a great many points of view. In this division will be placed treaties of amity, treaties concerning residence (traités d’établissement), consular conventions, commercial treaties, navigation treaties, those concerned with economic relations, etc. They are called by these different names because they are each concerned with some special matter which they directly seek to settle (commercial relations, consular functions, etc.), and also as a result of the varying practices of the time or the habits of the different contracting States; but, in spite of the different names by which they are called, there exists a considerable underlying unity between them in regard to matters connected with the establishment of nationals of one contracting Party on the territory of another Party. Sometimes they also contain provisions relating to special matters which will have to be studied in different chapters of this book : to the civil and political rights of the nationals of the States, the legal status of persons, the right to partake of the benefits conferred by Acts relating to social insurance, legal assistance, medical assistance, etc. Sometimes they even contain clauses dealing exclusively with the regulation of migration questions, such as the right to establish emigration agencies on the territory of the other State, the transit of migrants, protection of migrants, etc. Consequently, reference will frequently have to be made in the present volume to one or another of these general treaties. The ways in which the most-favoured-nation clause—so often inserted in general treaties—can be used in connection with migration would require a detailed study which can hardly be attempted in this book. In cases where mostfavoured-nation treatment is given to nationals of a contracting Party without being exactly defined and without restrictions, it would seem logical not to exclude migration from its scope and to allow nationals of the said Party most-favoured-nation 6 THE DIFFERENT FORMS OF AGREEMENT treatment in the matter of entry into the country and of residence in it. The difficulties that have been created by the interpretation of that clause have caused States to be very cautious in applying it and to define the limits of its application more clearly than heretofore when inserting it in treaties, or even to exclude it altogether. (b) Special Treaties.—These are special as regards either the persons to whom they apply or the questions which they settle. Among treaties applying particularly to specified classes of persons, an examination will be made of those which, for instance, are coneerned only with the status of workers (labour treaties); those which organise an international exchange of workers of certain occupations (agricultural workers, miners, etc.); those regulating the special difficulties encountered by sailors, hotel employees and others in following their occupations in different countries, or by professional men; those which attempt to prevent the compulsory emigration of backward peoples (convention on the traffic in negroes and on slavery), and lastly those which since the war have laid down the procedure of exchange of populations or regulated the settlement of optants, refugees, etc. From another point of view, that of the particular subjects dealt with, it may be said that every point of law which interests migrants can be settled by treaties which are limited to that particular point only, whether the question is one touching migrants as individuals settled on foreign soil or applying to them in their capacity as migrants proper. In this class fall treaties dealing specially with the enjoyment of certain rights (political and civil rights, the right of association, etc.), with questions of nationality, of legal status, health control, etc., also with the application to aliens of various provisions of labour legislation (accident compensation, unemployment and health insurance, etc.), or with their right to be assisted by different social relief and welfare institutions (charitable assistance, legal aid, assistance to minors, etc.). Finally, there are treaties specially devoted to migration questions proper—^to the right of admission of emigrants from one State tp the territories of another, the transport of migrants, their transit, the documents they must possess, transfer of their NOMENCLATURE OF AGREEMENTS 7 savings, recruitment of labour, repatriation of emigrants or alien workers, etc. * * Ik In the present volume use has been made of all these treaties no matter what their form, their scope, or their contents. It has not been possible, however, at every mention of any one of them to give the particulars necessary to enable the reader to grasp their full practical significance. It is in the list to be found in the Appendix at the end of the book that the information required can be found, including data relating to the stages reached by the different treaties. Throughout the volume the usual practice has been followed of referring to treaties by their date of signature, although generally at that stage a treaty has not as yet come into effect. But it sometimes happens that, by a tacit or express understanding between the two Parties, the provisions of a treaty or some of them come into force as soon as the treaty has been eoncluded. Therefore, in the case of bilateral and plurilateral treaties the list gives, after the date of signature, that on which ratifications have been exchanged, and this can be accepted as a proof that the process of ratification—occasionally very complicated—^has been completed. That date generally coincides with the one on whieh the treaty comes into force, or is a little in advance of it. Agreements which, by reason of an understanding between the Parties to them or by reason of their subjectmatter are not submitted for ratification, have the date on which they come into force indicated where that date does not coincide with the date on which they were concluded. So far as multilateral conventions are concerned, no mention is made in the text of the participating States; otherwise, the main text would have been unduly long. Reference is made, however, in the Appendix already mentioned, to the number of States that have adhered to those conventions and ratified them, the dates being indicated in each case; where a convention has not yet come into force, this is mentioned. The coming into force of these conventions as a matter of fact is determined by a special clause in the convention laying down the number of ratifications required for this purpose : two ratifications, or in 8 THE DIFFERENT FORMS OF AGREEMENT exceptional cases three, are sufficient in the case of Labour Conventions, but for most conventions concluded under the auspices of the League of Nations at least five are necessary, while even more are sometimes required (for instance, ten for the Sanitary Convention of 1926). A treaty therefore is not complete until after its ratification. Nevertheless, in the course of this work reference has had to be made to treaties that have not yet passed through all the stages of ratification. We could not, in fact, omit to mention those treaties—which ate often very important ones—concluded several years ago, and which may at any moment be carried through to the final stage. In such cases. Acts or Decrees authorising ratification are given wherever it has been possible to obtain the necessary information. The reader is asked to excuse any deficiencies in the documentation regarding the ratification and coming into force of treaties. Where no reference has been made to the coming into force of a treaty, it must not necessarily be inferred that the treaty has not in fact been ratified as information on this subject is not always given in collections of treaties and is difficult to obtain, especially as regards the older treaties which were not registered with the League of Nations. § 2.—National Legislation Authorising the Conclusion of Treaties dealing with Migration The constitutional law of every country lays down the powers which its Government has of entering into agreements with other States, as well as the limitation of these powers. It can be taken as a general rule that migration agreements are concluded in virtue of such powers. Nevertheless, in addition to those general provisions, national legislation often specially provides for the regulation of migration questions by international agreement, lays down rules of procedure and entrusts the Government or some other stated body with the task of concluding snch agreements. Quite frequently such Acts specify that such and such a difficulty peculiar to a country must be regulated by a treaty. NATIONAL LAWS AUTHORISING THE CONCLUSION OF TREATIES 9 For instance, the legislation of emigration countries specially enjoins the Government to conclude treaties for the protection of emigrants during transport, or in the country of destination, or for the suppression of clandestine emigration or for facilitating the application of emigration laws as regards any phase of the problem that lies outside the national frontiers. In Czechoslovakia the Act of 15 February 1922 authorises the Government to conclude and carry out reciprocal emigration and immigration treaties with other States, ensuring the observance of this Act and the regulations issued thereunder in the territory of foreign States (section 40). In Hungary the Emigration Act of 1909 authorises the Government to conclude reciprocal conventions with other States, as a result of which Hungarian subjects emigrating in contravention of that Act would be stopped on their way across the territory of the other State and sent back to Hungary (section 51). In Italy, the Consolidated Emigration Act of 13 November 1919 stipulates that “offices for protecting emigrants, for supplying them with information and for getting them into employment, shall be established, by agreement with the Governments concerned or otherwise, in countries to which Italians emigrate” (section 8). In Spain, according to the consolidated text of the Emigration Acts of 20 December 1924, the General Emigration Department “shall cause schemes to be drafted for the promotion and conclusion of special treaties with countries to which Spanish emigration is directed, and of conventions and agreements for friendship or mutual assistance with countries whose interests with regard to emigration are similar to those of Spain, with a view to the protection and assistance of their respective nationals when emigrating, so that the latter, on the vessels which carry them and in the countries where they settle, may receive assistance and protection from officials or protective organisations of the country with which the treaty of friendship is concluded, in default of the presence of such officials or organisations of their own country” (section 61). In the Acts passed by immigration countries as well stipulations are to be found relating to treaties which the Governments may conclude in order to facilitate and develop immigration into the country, to make special regulations for the admission of the nationals of certain States or to solve other difficulties. Thus in Brazil section 1 of Decree No. 9081 of 3 November 1911 reorganising the Federal Settlement Service (which, among other things, is charged with the organisation of immigration and colonisation) specifies that the work of the Service will be promoted by agreements concluded with foreign Governments, with railway or river navigation enterprises, with companies, associations or individuals which shall offer ample guarantees in accordance with the regulations of the said Decree. The Immigration Act of Honduras (8 February 1906) authorises the Government to conclude treaties with other Governments concerning immigration and interior colonisation, if it should consider such a measure desirable (section 11). In the United States the President of the United States was authorised 10 THE DIFFERENT FORMS OF AGREEMENT by a Resolution endorsed by Congress on 20 February 1907, after consultation rnth and subject to the approval of the Senate, to “convene at his own discretion, in the name of the Government of the United States, an international conference to meet in a place to be fixed by agreement, or to send to foreign countries special commissioners with a view to regulating foreign immigration to the United States, to providing for the mental, moral and physical examination of immigrants, through the medium of American consuls, or other representatives of the Government of the United States, either at the ports of embarkation or in some other place ; to secure the assistance of foreign Governments in their own territory to prevent evasion of the United States immigration laws, to conclude such international agreements as may be deemed necessary to prevent the immigration of aliens to whom entry into the United States is or may be prohibited in accordance with the United States legislation, and finally to regulate all questions relating to such immigration.” OFFICIAL CONFERENCES DEALING WITH MIGRATION 11 CHAPTER II INTERNATIONAL CONFERENCES AND ORGANISATIONS The different kinds of treaties and conventions concerned with migration having been examined, it is necessary, before an analysis of their contents is made point by point, to note briefly the bodies drawing up these treaties, just as in Volumes I and II an effort is made to enquire what are the competent organs in each country for the enactment and administration of laws relating to migration. There are a number of temporary or permanent international organisations that study or have studied migration problems, either with the object of preparing draft conventions which attempt to solve certain problems of migration and which are presented to interested States for signature and ratification, or for the purpose of making suggestions and passing resolutions calculated to stimulate official action along the right lines. On the one hand therefore there are official bodies, on the other voluntary international organisations devoted to the study of migration problems. In the case of both types of organisations, a distinction must be drawn between non-permanent conferenees and permanent organisations. § 1.—Official Conferences dealing with Migration Some of these conferences endeavour to establish an agreement between two countries, others to promote a friendly exchange of views and a better understanding between a number of States with common interests and difficulties. Others again are held to establish wider, sometimes even world-wide, connections between countries. 12 INTERNATIONAL CONFERENCES AND ORGANISATIONS (a) Special Groupings of Certain Nations for the Examination of Migration Problems (a) Negotiation of Bilateral Treaties.—Before a treaty is concluded, a period generally intervenes during which various kinds of authorities act. On the one hand the official bodies specially engaged in supervising and organising migration are often instructed by the Acts and regulations constituting them to draft international treaties or to negotiate administrative understandings judged opportune by the countries’ Governments (ef. Volumes I and II, Chapter IV, § I). On the other hand, plenipotentiaries are instructed to represent the contracting Governments at the final decisive conference at which the agreement is signed. (b) Conferenees of Emigration Countries.—As early as 1884 the Netherlands Government, supported by the Italian Government, brought forward a suggestion to bring about an understanding between countries interested in overseas emigration, and proposed an international emigration conference. Belgium, Denmark, Prance, Norway and Sweden accepted the proposal, but in spite of the efforts of the initiators of the scheme, nothing definite resulted. Since the war further attempts have been made to solve a class of difficulties which increases continually. In July 1921, a conference of emigration countries was held at Rome as a preliminary to the meeting of the International Emigration Commission to take place at the International Labour Office, and for the purpose of deciding on the proposals to be laid before it. Countries exporting labour felt that here was an opportunity for co-ordinating their policies towards countries importing labour and for protecting their interests, and they therefore desired to arrive at a better understanding as regards emigration problems by means of regular meetings of their representatives. Austria, Bulgaria, Czechoslovakia, Greece, Hungary, Poland, Rumania, the Serb-Croat-Slovene Kingdom and Spain joined this group. In its Final Act the 1921 Conference ^ advocated the co-operation of foreign countries in matters concerning the conditions of the labour market, the exchange of information with regard to openings for employment, the combating of excessive restrictions on immigration, assistance to emigrants in foreign lands and the securing to them of equitable treatment in economic, legal and moral matters. In order that a preliminary understanding between countries of emigration might be reached with regard to the principles to be recognised by the International Labour Organisation, a declaration was annexed to the Act defining the attitude of the signatory States with regard to eight questions of emigration, to be held over for future consideration. Apart from this, the Conference decided to keep the signatory States in touch with each other by accepting an offer made by the Italian Government to create a special Correspondence Ofiice at Rome which would publish a bulletin of information, and to form a permanent committee, meeting periodically. The permanent committee held a few meetings, but the vitality of that organisation gradually dwindled. (c) Conferences held by Countries of Immigration.—In 1923 in view of the proposed International Conference on Emigration and Immigration (Rome, 1924), an immigration conference was held at the Paris Ministry of Foreign Affairs on 15 October, at the invitation of the French Government. Delegates from six countries participated in this conference, i.e. from the 1 Cf. the account given in the Bollettino della Emigrazione, Rome, March 1923. OFFICIAL CONFERENCES DEALING WITH MIGRATION 13 Argentine Republic, Brazil, Canada, Chile, Cuba, and France. Discussions on different problems of common interest took place; for instance, the divergence of interests between countries of emigration and immigration was referred to, also some points common to the immigration policy of the different countries represented, but the conference abstained from making any formal suggestions (d) Regional Groupings.—^There are no regional conferences specially dealing with migration which can be mentioned, but very often conferences held regularly by neighbouring States to discuss matters of common interest (conference of Scandinavian countries, conference of Central American States, conference of the Pan-American Union, etc. ) have dealt with migration questions. The Pan-American Union especially discussed these questions on several occasions. For instance, the sixth Conference, which met at Havana in February 1928, adopted a draft convention on the subject of the legal status of aliens, to be submitted to the States for signature. The Conference also passed a resolution in which it declared that while abstaining from studying in its entirety the problem of immigration, it established principles capable of furthering a common policy among the American nations with regard to that problem : it further declared “that conventions on emigration and immigration which may be concluded between the nations of the American continent and nations of other continents may never impose upon an American State measures tending to withdraw the emigrant from the legislation and jurisdiction of the country into which he becomes incorporated; that all resolutions respecting immigration must be inspired by this double principle : (a) equality of civil rights as between nationals and foreigners; (b) the quality of freeman which should be recognised in every immigrant, the rights and dignity of human beings being respected an(J protected without, however, this respect and this protection justifying any offence against the sovereignty of the country; that the American States reserve the right to examine the advantages of the entry of the immigration current from other continents into their territories, adjusting their procedures to their economic, political and social interests” (b) World Conferences (a) Conferences of Countries of Emigration and Immigration.—In 1924 a General Conference of Countries of Emigration and Immigration was convened in Rome by the Italian Government for common study of the most important migration problems. The Conference was of a technical, nondiplomatic character and its object was, not to adopt draft conventions, but to work out principles which could serve as a guide to future understandings and to lead to administrative agreements between interested countries. The Conferenee was held from 15 to 31 May 1924. Fifty-seven countries were represented, as well as the League of Nations and the International Labour Office. Four committees divided the subjects for study between them and dealt respectively with the following questions : (1) Transport of emigrants, hygiene and sanitary services. (2) Assistance to emigrants before departure, during the journey and on arrival, and for immigrants in the countries of immigration, special assistance for women and children; development of co-operation, welfare measures, etc., among emigrants. 1 Cf. the report in the Boletim do Departemento Estadual do Trabalho^ Sao Paulo, Brazil, ano XIV, No. 53, 4th quarter, 1924. ® Cf. Report of the Delegates of the United States of America to the Sixth Internaiional Conference of American States ai Havana, 16 January to 20 February 1928, pp. 269, 270. 14 INTERNATIONAL CONFERENCES AND ORGANISATIONS (3) The measures to be taken to adapt emigration to the demand for labour in the countries of immigration, for co-operation between the emigration and immigration services of different countries. (4) The general principles which should be adopted in treaties of immigration and emigration. A general directing committee co-ordinated the work of the different committees. Each committee presented a very large number of proposals which were voted in the form of resolutions at plenary meetings *. The directing committee also discussed and presented a resolution on the manner in which the Conference should be followed up ; as finally adopted this resolution drew attention to the practical utility of the initiative taken by the Italian Government in convening a technical International Emigration and Immigration Conference, declared it to be desirable to continue the action taken without limiting the competence of existing international institutions, and therefore invited the Italian Government to transmit a complete list of the resolutions adopted by the Conference to the Governments represented and also to the international organisations in order that the latter might take the necessary steps in connection with these questions within the limits of their competence. Resolutions were added recommending the holding of a second International Conference on Emigration and Immigration in a country of immigration. The directing committee of the Rome Conference was to undertake the preparatory work in connection with this second Conference. To this end the committee was authorised to add to its numbers in such a way as to include the representatives of all States taking part in the Conference and making application for membership of the committee. The different recommendations and resolutions adopted by the Conference were embodied in a Final Act deposited in the archives of the Italian Ministry for Foreign Affairs. The most important of these relate to the status^ of migrants and to colonisation. The preparatory committee of the second Conference finally chose Havana as a meeting place and drafted a programme again divided into four parts. Among the numerous questions proposed, thirteen were allotted to the first committee, four to the second, thirteen to the third and eight to the fourth. In addition, a fifth committee was created to examine the resolutions of thp Rome Conference and the effect to be given to them; a report by the organising committee, embodying the collected information furnished by the Governments and international organisations, was to serve as an introduction to the discussions on the latter subject. As arranged the second International Conference on Emigration and Immigration held its meetings at Havana from 31 March to 17 April 1928. Thirty-seven countries sent delegates, five observers. The League of Nations, the International Labour Office and the International Institute of Agriculture took part in the Conference in a consultative capacity. After having voted a large number of recommendations prepared by the five committees appointed, the Conference adopted a resolution proposing the convening of a third International Conference on Emigration and Immigration at Madrid on a date to be fixed later and after the approval of the majority of interested Governments had been secured. The presidential directing committee of the Havana Conference under the name of “Organising Committee” is to undertake the work of preparation for this third Conference and is to draw up the general report on the effect given by the different Governments to the resolutions adopted at Havana; further, it is to keep the archives of the two Conferences, facilitate the execution of the decisions 1 Of. OoMMissABiAT GÉNÉRAL ITALIEN DE L’ÉMIGRATION : Conférence internationale de VEmigration et de VImmigraiion, Rcmie, 15 au 30 mai 1924. Volume I : “Documents préparatoires’*; Volume II : “Documents de la Conférence” ; Volume III : “Acte final”. OFFICIAL CONFERENCES DEALING WITH MIGRATION 15 taken, proceed to publish any documents and works whose circulation it judges to be useful and do all the preparatory work in connection with the codification of any material dealing with migration, with regard to which an understanding between interested countries has been reached; it will ask the League of Nations, the International Labour Office and the International Institute of Agriculture at Rome to continue the work which they have been doing on these questions. This committee will also be able, with the consent of the interested Governments, to appeal to members of the old Rome committee, alter its place of meeting and commence the organisation of an auxiliary secretariat when it thinks fit (b) Official Conferences dealing with Matters related to Emigration and Immigration.—Apart from conferences specially devoted to the study of migration problems, there are a large mmiber of general conferences which have regulated points of international law closely connected with the interests of emigrants and immigrants. In this connection The Hague Conference on International Private Law should be specially mentioned; on several occasions and particularly in 1896, 1900,1902,1905 and 1928 they drew up a series of conventions on the subject of private law to which reference will be made in our analysis of the subjectmatter of treaties and conventions. Some provisions of these convenlions regulate certain aspects of the emigrant’s position as an individual established in a foreign country. The Conferences on International Private Law are convened by the Netherlands Government, with whom are deposited the instruments of ratification and adherence obtained as a result of these conventions. Conferenees dealing with the traffic in Women and children, since they cover a field closely connected with emigration and immigration, must also be mentioned and are dealt with in Chapter VIII. In the year 1899 a first conference was held, as a result of which an International Office for the Prevention of the Trafiic in Women and Children was created. In 1902 on the initiative of the French Government a diplomatic conference was held in Paris and a second one in 1910, both of which resulted in conventions. A further conference was convened in 1912. That conference voted some recommendations, but because of the war its decisions never became fully effective. The Peace Treaties of 1919 and 1920 (Article 23 of the Treaty of Versailles) entrusted the League of Nations with the duty of concluding conventions relating to the traffic in women and children : we shall deal later with the organisation created for this purpose. Mention must also be made of the different Sanitary Conferences, which have adopted conventions regulating migration movements from the point of view of public health, and which contain some provisions specially relating to migrants. Two series of conferences must be mentioned : on the one hand those in which, after the first discussions in 1852, the countries of the Old World took part and which resulted in the Venice Conventions of 1892 and 1897, and the Paris Convention of 1912; on the other hand, the countries of the New World met together to regulate the same questions. They adopted a Pan-American Sanitary Convention at the Washington Conference of 1905. In addition to these a General International Conference, which met in Paris from 10 May to 21 June 1926, brought together delegates from seventy-two countries and drew up a new international Sanitary Convention, which was signed on 21 June 1926 (cf. analysis of the provisions of these conventions. Chapter V, § 4). In close association with the Conference of the Pan-American Union, the Pan-American Conference on Eugenics and Homiculture must be mentioned. ^ Acta final de la Secunda Conferencia internacional de Emigración e Immigraciont Havana, 31 marz0’17 avril 1928. 16 INTERNATIONAL CONFERENCES AND ORGANISATIONS which met in Havana from 21 to 23 December 1927, and at which delegates from the sixteen American nations assembled : one of its principal aims was “to examine immigration from the point of view of the physical, mental and moral conditions of the population”. On that occasion, a Pan-American Office for Eugenics was founded in Havana. This office is to co-operate with the Pan-American Health Office in drawing up, proposals to be submitted to the Pan-American Union Congresses of a semi-official nature have sometimes assembled for the purpose of making a preliminary study of questions on which an international understanding is sought. For instance, there was the Congress on Public and Voluntary Assistance, held in Copenhagen in 1910 on the initiative of the Danish Government, at which the Governments of the Argentine Republic, Austria-Hungary, Denmark, France, Germany, Great Britain, Greece, Italy, Japan, Luxemburg, the Netherlands, Norway, Rumania, Sweden, Switzerland, and the United States, on the suggestion of the French Government, appointed delegates who met in Paris on 16 November 1912 at a further conference and drew up a draft convention on the basis of absolute equality of treatment as between nationals and foreigners with regard to public relief (cf. Chapter VI, § 7). The war broke out before a further conference could be held for the purpose of exchanging signatures, and up till the present the convention has not yet been definitely adopted. The Congress for Public and Private Relief, which met in Paris in July 1928, resumed the examination of these questions. In the same way the founding of the International Labour Oflfiee at Basle was due to the initiative of the Association for Labour Legislation, as were the Labour Conferences at Berne, which adopted the first multilateral conventions on labour questions. § 2.—The Permanent Organisations at Geneva as They Affect Migration Questions The Peace Treaties signed at the conclusion of the war created great international bodies. Part I of the Treaties concluded by the Allies with Germany at Versailles on 28 June 1919, with Austria at Saint-Germain on 10 September 1919, with Bulgaria at Neuilly-sur-Seine on 27 November 1919 and with Hungary at Trianon on 4 June 1920 contains twenty-six Articles relating to the League of Nations, while in another part there are thirtynine Articles dealing with the Permanent Labour Organisation. Those Treaties establish, so to speak, the constitution of those bodies. (a) The League of Nations The League of Nations acts through an Assembly and Council assisted with regard to all the most important matters within its competence by permanent organisations, committees, advisory ^ Cf. Transactions of the First Pan-American Conference on Eugenics and HomicuUure of the American Republics (held in Havana, Cuba), 1928, p. 321. THE PERMANENT ORGANISATIONS AT GENEVA f 17 and technical commissions as well as by the corresponding technical services of the General Secretariat. Some of these organisations draw up international regulations relating to subjects more or less closely connected with migration. The Committee on Communications and Transit seeks to facilitate travel and to simplify procedure as regards passports and visas (cf. Chapter IV). The activities of the economic and financial section are connected or have been connected, on the one hand, with the treatment of foreigners (economic committee) and, on the other, with financial assistance to Greece and Bulgaria for the settling of refugees (financial committee). In virtue of Article 23 of the Pact, the League of Nations must supervise the carrying out of international agreements regarding traffic in women; a special committee has been created for this purpose. A temporary committee has prepared a draft convention on slavery, which was adopted in 1926. Another temporary committee has studied the question of legal aid to aliens, but the subject was afterwards transferred to the Conferences on International Private Law at The Hague (December 1927). The League of Nations Committee of Experts for the Progressive Codification of International Law has also reserved for study certain questions which are of interest to emigrants : nationality, the right of passage of persons through territorial waters, and the responsibility of the State for damages caused within their territories to the person and goods of aliens. These points will be referred to later. (b) The International Labour Organisation The Peace Treaties mentioned above charge the Permanent Labour Organisation among other duties with that of dealing with the regulation of the labour supply, the prevention of unemployment, and the protection of the interests of workers when employed in countries other than their own (Preamble to Part XIII and Article 387 of the Treaty of Versailles). Moreover, among the principles which the organisation must seek to have enforced in all countries is included the assurance of equitable treatment to all workers lawfully residing in the country (Article 427 of the same Treaty, 8th principle). In these matters the Permanent Labour Organisation acts through : (■«j the Governing Body of the International Labour Office, which decides on a programme, (b) the Office itself, which in particular undertakes technical research work, and (c) the International Labour Conference, which meets periodically and is attended by representatives of the States Members of the Organisation and which is empowered to draw up Draft International Conventions and Recommendations to Governments. In 1928 the International Labour Conference had already held eleven Sessions, in which twenty-seven Draft Conventions were voted and thirty Recommendations, several of which involved the interests of migrants. Among the different items placed by the Peace Treaty on the agenda of the First Session of the International Labour Conference, there was “the 2 Î8 INTÈKNATIONAL CONFERENCES AND ORGANISATIONS question of preventing or providing against unemployment” *. As the enquiry held as a preliminary to the Conferenee had shown that several Governments strongly supported international Study of the regulation pf miOTation as one of the ways in which unemployment might be prevented, two Resolutions proposed by the Organising Committee were adopted by the Conference, the first unanimously by the sixty-one members present, the other by 57 votes against 9. In the first Resolution it was decided that in relation with unemployment problems a special section of the International Labour Office should be established to be especially charged with the consideration of all questions concerning the migration of workers and the situation of foreign wage earners. The second directed the Governing Body of the International Labour Office to appoint an International Commission which, while giving due regard to the sovereign rights of each State should consider and report what measures could be adopted to regulate the migration of workers out of their own States and to protect the interests of wage earners residing in States other than their own. The composition of this Commission was also determined^. The first Resolution was taken into consideration when the International Labour Office was organised, for a migration service was created. As a result of the second, an International Migration Commission met at Geneva from 2 till 11 August 1921 which adopted twenty-nine resolutions on migration problems; among these, resolution 24 should be noted; it requests the Governing Body of the International Labour Office, in view of the importance and complexity of migration questions, “to consider the creation of a Commission composed of a small number of members and aided if necessary by experts to assist the Office in its work, and to follow from day to day with full moral authority the development of this question.” The Permanent Migration Committee was created by a decision of the Governing Body of the International Labour Office taken at its TwentyFourth Session (October 1924) and was set up by the Twenty-Fifth Session (January 1925). Officers of the Governing Body (the president and vicepresident) are appointed members of the Permanent Migration Committee ; if need be they can appeal to the experts appointed by the Governing Body. About a hundred experts have been appointed. The Committee on Unemployment—especially as regards questions of finding employment abroad—^the Committee on Social Insurance—as regards the right of foreign workers to benefit by insurance legislation—^the Committee on Native Labour, as well as the special services dealing with these questions, are all occupied with questions connected with migration. Apart from this we must call to mind that the International Labour Office is temporarily engaged in finding employment for the Russian refugees as a result of a decision of the Fifth Assembly and of a Resolution of the Council of the League of Nations dated 10 October 1924 ^. The Conventions and Recommendations adopted by the International Labour Conferences are concerned with questions of public law which apply automatically to alien workers as weli as to nationals. Moreover, the Governing Body of the Internationai Labour Office on several occasions has placed questions directly or indirectly involving migration on the agenda of the International Labour Conference. The Draft Conventions and Recommendations which have been passed as a result of the deliberations of these Conferences are analysed in the chapters and sections which deal with the questions specially regulated by them. 1 Cf. International Emigration Commission : Report of the Commission. Geneva, Aug. 1921, p. 67. ä As from Jan. 1929 the finding of employment for refugees again became the responsibility of the High Commissariat for Refugees, an organisation of the League of Nations. THE PERMANENT ORGANISATIONS AT GENEVA 19 (c) Other International Organisations There remain to be mentioned certain international organisations more or less closely linked with the League of Nations whose activities bring them into touch with questions connected with migration. The Permanent Court of Intematümal Justice at The Hague can be called upon to interpret agreements concerning migration or, again, to give decisions as to the competence of international organisations in this connection. In 1927 an Advisory Committee on Intellectual Workers was created consisting of representatives of the International Labour OiHce, the International Committee on Intellectual Co-operation of the League of Nations and of the principal associations of intellectual workers ; one of its first tasks was to enquire into the problem of the placement of theatrical artistes, which includes that of their employment abroad. The Committee will act in co-operation with the Institute for Intellectual Co-operation founded in Paris in 1925. By a Resolution of the Council of the League of Nations dated 27 June 1921, the Bureau for Information and Enquiries regarding Belief to Foreigners, whose seat was at Paris, was placed under the authority of the League of Nations. The object of this Bureau is to prepare for the holding of congresses on public and private relief. The International Institute of Agriculture created in Rome by an international agreement of 7 June 1905, is sometimes asked to co-operate in international research into certain problems of migration. After the Conference on Emigration and Immigration at Rome, the Permanent Committee of the Institute appointed a committee in November 1924 to decide which of the subjects connected with migration and proposed for study by the Rome Conference were worthy of special attention on the part of the Institute. It was agreed that the Institute might eventually assemble such documents of agricultural legislation as are concerned with co-operation, mutual and welfare institutions; with territories capable of colonisation in the sense that they could be brought under cultivation, and with the supervision of agricultural labour contracts. The Advisory Agricultural Committee decided at its second meeting (Rome, November 1925) that the Rome Institute would co-operate with the International Labour Office in studying the migration problems reserved for consideration by that Institute. Other large international organisations must be mentioned because they also are sometimes brought into touch with migration problems. The International Railway Union, which has its seat at Berne, has been responsible for the conclusion of several multilateral conventions which to a certain extent facilitate the transport of migrants and their property (cf. Chapter V, § 2 and § 6). The Universal Postal Union, created in 1874, also has its seat at Berne; under its auspices numerous conventions relating to postal orders and postal cheques have been passed which enable emigrants to send home their savings (cf. Chapter V, § 6). An International Public Health Office was created in Paris as a result of an international agreement dating from 9 December 1907. It centralises the international documentation on questions of health and assists in the preparation of International Sanitary Conventions, to which reference will have to be made because of the supervision which they impose on emigrants. á 20 INTERNATIONAL CONFERENCES AND ORGANISATIONS § 3.—Voluntary International Associations dealing with Migration Side by side with the official organisations whose activities comprise technical research into migration problems or effective regulation of these questions on an international scale, there are voluntary international organisations that work on the same international lines to solve the same difficulties. Although their activities do not lead to the conclusion of international agreements, they nevertheless have an undoubted influence on the development and preparatory study of those questions. Many of these associations and organisations receive subsidies from several Governments and delegates of Governments, and official international institutions take part in their congresses; they are also invited to discharge official missions, or at least are called into consultation by official organisations. It is because of this close bond of union existing between official and voluntary activities with regard to migration that these organisations must be mentioned here. Two kinds of activities must be distinguished : (a) the theoretical activities of numerous political, scientific, philanthropic and professional congresses which have placed migration problems on their programmes and which by means of the preliminary study made of these problems have been able to suggest international means for their solution to the Governments empowered to regulate them; they have in any case often expressed opinions held by groups particularly interested in such regulations; (b) on the other hand, practical work is also done by private organisations with a view to the protection of migrants and the solving of individual difficulties caused by complex regulations. First place should be given to the conferenees and congresses held by semiofficial organisations, such as those organised by the Inter-Parliamentary Union, which, for instance, in Paris, in August 1924, and in Berlin, in 1928, made a study of migration problems. The thirteenth session of the International Parliamentary Commercial Conference, held at Rio de Janeiro in September 1926, passed a whole series of resolutions on the subject of emigration and immigration statistics, the emigration of intellectual workers and the treatment of emigrants. The fourteenth session held at Versailles in June 1928 decided to create a special VOLUNTARY INTERNATIONAL ASSOCIATIONS 21 committee for the study of migration problems at the permanent bureau of the Conference at Brussels. Scientific and social organisations also have frequently been led to examine these same problems at their meetings, as was the case with the International Association for Social Progress which, under its original title of the International Association for Labour Legislation, founded the first International Labour Office at Basle and at its annual meetings of 1926 and 1927 discussed several questions connected with migration, in particular that of the legal status of alien workers as regards their position in connection with social insurance legislation. The two general congresses of the Institute of Pacific Relations, held at Honolulu in July 1925 and July 1927, examined the difficulties caused by restrictions on the migration of Asiatics. The International Federation of League of Nations Unions has not organised a single congress which has not studied migration questions. Particular mention must be made of the meetings in June 1922, July 1924, July 1925, June-July 1926, May 1927, and July 1928. As far as the trade unions are concerned, it will be remembered that suggestions as to the labour clauses to be inserted in the Peace Treaties of 1919 came from several quarters; some of them were recommendations for the insertion of Articles relating to the migration of workers. This was thé case with the resolutions passed by the Leeds Interallied Trade Union Conference, by the Central European branches of the International Federation of Trade Unions at the Berne Conference (1-4 October 1917), by the International Trade Union Conferertee at Berne (5-9 February 1919) and by the Congress of the Christian Trade Unions (Paris, 6-19 March 1919). Apart from these, a workers’ congress specially called to consider migration problems met in London in June 1926 under the auspices of the International Federation of Trade Unions and the Labour and Socialist International. The resolutions of this congress constitute a complete programme of working-class policy with regard to migration questions, which has been communicated to the International Labour Office. On the employers’ side a large number of international conferences touching on the same problems can also be named; for instance the session in Oetober 1926 of the International Chamber of Commerce, which has passed resolutions in favour of the conclusion of international conventions with regard to the treatment of aliens, the simplifying of formalities in connection with international travel, the international exehange of labour and the equality of alien and national workers. Since 1923 the International Shipping Conference and the International Maritime Committee have devoted several sessions to the study of the obligatory insurance of passengers and migrants. Among technical conferences which have dealt with interesting problems of migration the International Congress on Thrift may be cited, which was held in Milan in October 1924 and considered the question of protecting the savings of migrants. Many other international meetings could be mentioned but these few examples of meetings held by many kinds of different organisations will at least serve as a proof of the widespread interest aroused by problems of migration. Among organisations engaged in practical work, numerous societies can be mentioned which, without regard to nationality, give migrants the help they need in face of the many difficulties which they encounter and which can only be solved by means of co-ordinated efforts in several countries. As an organisation which has specialised in this type of work the International Migration Service should be mentioned first; it has‘established" a central office at Geneva and branch offices in Czechoslovakia, France, Germany, Greece, Poland, and the United States. There remain other associations to be named, which are particularly active as regards the protection 22 INTEKNATIONAL CONFERENCES AND ORGANISATIONS of migrants, though their social work extends to other fields as well : the League of Bed Cross Societies and the International Committee of the Bed Cross, the International Catholic, Protestant and Jewish Girls' Friendly Societies, the Salvation Army, the Young Women's and the Young Men's Christian Associations, the International Council of Women, the Jewish Colonisation Association, the Society of Saint Vincent de Paul, the United Committee for Jewish Emigration (Emigdirekt), etc. Many of these non-official national and international associations have grouped themselves together to form the Permanent Conference for the Protection of Migrants * which now embraces fifty-five associations and, since many of these associations have branches in several countries, represents more than 10,000 societies. The Conference has its seat at Geneva, and holds its yearly congress there. The Conference, as a zealous representative of the interests of migrants themselves, whose needs are best known to the societies that assist them, would seem to be called upon to act in an advisory capacity as regards the international regulation of migration. In this spirit it was invited to send representatives to the International Conference at Cuba (May 1928) where a resolution was passed in favour of its being consulted by official bodies. The Conference of Private Organisations in 1928 was asked to advise the International Shipping Conference on the question of obligatory insurance of passengers and the League of Nations Committee on the Traffic in Women and Qiildren on the question of the protection of emigrant women (music-hall, concert-hall and cabaret artistes, etc.). 1 This Conference is also called the “Conference of Private Organisations for the Protection of Migrants”. Cf. Annuaire international des organisations privées pour la Protection des Migrants, 1928, Geneva, 10, rae de la Bourse. INTERNATIONAL DEFINITION OF A MIGRANT 23 CHAPTER III GENERAL PROVISIONS § 1.—The International Definition of a Migrant The different national definitions of the term “emigrant” are analysed in Volume I of this work and the national definitions of the term “immigrant” in Volume II. In view of the multiplicity of factors that enter into these definitions, the difficulty of producing unity from such diversity will be readily understood; yet the need for unity has often been recognised and proclaimed. First of all with a scientific object in view : i.e. the compilation of migration statistics. The value of such statistics will be increased in proportion as unity can be achieved, for the divergence between existing definitions causes each country to include different individuals within its categories of emigrants and immigrants; some of them include all travellers that have crossed the frontier or exclude alien workers, others count in certain special classes of travellers which neither correspond in different countries nor even as regards different authorities within one country. The application in practice of international conventions also demands greater uniformity, for the efficacy of a convention will necessarily be impaired if its scope remains ill-defined. Finally, humanitarian sentiment may inspire the same desire : to save the individuals concerned the painful uncertainty of an equivocal status varying according to the particular legislation becoming applicable to them. But the difficulties in the way of attempts to achieve such a unity are great, and any rapid success is unlikely. Different conceptions, all equally important, confront each other, and it will be difficult to reconcile them; the worker who repairs to a foreign country, generally on the same continent, for the purpose of supplying a temporary need for labour is quite a different 24 ' / GENERAL PROVISIONS kind of migrant from an individual who emigrates in order to settle permanently in the country of his choice, probably overseas. To be uniform an international definition of a migrant would have to be'sufficiently broad and elastic to be applicable to emigration for the purpose of seeking work as well as to emigration for the purpose of residence, to continental emigration as well as to emigration overseas, to temporary or even seasonal emigration as well as to permanent emigration, and this from the point of view of the country of origin, the country of destination and the countries of transit. These difficulties appeared as soon as the first international conferences came to discuss the desirability of greater uniformity; also when the International Labour Conference at its Fourth Session adopted a Recommendation on the subject of supplying the International Labour Office with regular information relating to migration, a carefully worded desire was expressed to the effect that the States Members of the International Labour Organisation should agree together to arrive, as far as possible, at an identical definition of the term “emigrant”. In addition the committee charged with drawing up the Recommendation recognised that as an elementary definition capable of serving as a basis for statistics, except in the case of seasonal migration, a year’s residence in a country might generally be accepted as a criterion to determine the status of an emigrant. The question was taken up again by the International Conference on Emigration and Immigration held in Rome from 15 to 31 May 1924. The efforts made there to introduce unity into the different conceptions again encountered considerable obstacles. The Committee appointed to study this difficult question laboured for fifteen days to produce a draft definition of a migrant for which in spite of reciprocal concessions only forty countries out of the fifty-ninè represented voted. The discussions raised by this proposal brought to light the opposing national points of view which rendered agreement difficult. The ideas “duration” and “permanent settlement” occupied a prominent place in this discussion, it being in the interest of emigration countries that such of their nationals as only quitted their native land temporarily should remain under their protection during this period while at the same time receiving the favoured treatment reserved to immigrants; on the other hand the immigration countries, excepting these who require only temporarily labour from abroad, wish to extend the whole benefits of immigration laws only to foreigners who will remain on their soil and who ■^l be able to become assimilated definitely to their population. In order to reconcile the interests of all as much as possible the definition worked out by the Rome Conference, which is really three definitions rolled into one, first defines an emigrant in the most general terms and then as regards immigration makes a distinction between an immigrant—an individual permanently residing in a foreign country for the purpose of finding work there—and an alien worker who arrives in a country in order to work there temporarily 1 The exact text of this draft definition is as follows : “Any person is considered an emigrant who leaves his country for the purpose of seeking work or who accompanies or goes to join his wife, or her husband, his or her relatives in the ascendant or descendant degree, his or her brothers or sisters, his or her uncles or aunts, nephews or nieces, or wife or husband of the latter, who have already emigrated with INTERNATIONAL INFORMATION 25 This complex definition, which did not satisfy all the States, will therefore have to be again recast in order to receive general consent. This was not done by the Eighth Session of the International Labour Conference where the question cropped up again in connection with the Draft Convention concerning the simplification of the inspection of emigrants on board ship. During the discussions on the proposal, several delegates expressed their view that in order to facilitate the carrying out of the Convention an international definition of an emigrant would be useful, but in view of the opposition aroused on several sides by this opinion the Conference renounced the idea of attempting such a definition, and it was agreed that in every case the Convention would be applied to emigrants as defined by each country. The countries belonging to the Pan-American Union which met at the sixth International Pan-American Conference (February 1928) unanimously adopted a resolution proposing to submit to the second International Conference on Emigration and Immigration, meeting the following month at Havana, a draft definition drawn up by the Mexican delegation which ran as follows : “For the purpose of the protection of the respective laws, only those who without personal funds leave their country to work in another at industrial, commercial, agricultural or intellectual labours in the employ of an individual or an enterprise shall be considered as emigrants, and as immigrants those who under equal conditions and for the same purpose arrive at a country not their own” As this proposal was presented too late, the International Conference on Emigration and Immigration at Havana (1928), in agreement with the Mexican delegation, directed its presidential committee to place the question on the programme of study of a third Conference on Emigration to be convened later as agreed upon by the Governments concerned. The Danzig delegation brought forward a draft definition of a transmigrant, but this was withdrawn without being discussed. § 2.—International Information The International Labour Office has been entrusted with the task of centralising all information relating to migration, and the present study is an example of its activities in this respect. This work of centralisation on the one hand embraces legislative, statistical and any other information regarding migration movements of any kind, and on the other hand it comprises the same object, or who returns to the country to which he had previously emigrated in the same conditions. “The Conference understands by the term ‘emigrant’, the individual defined above from the moment he makes preparations with a view to departure until the moment he enters the country of destination. He is then subject to the laws, regulations and conventions of that country and responds to the following definition: (a) any foreigner who enters a State with the object of seeking work, and with the intention, expressed or implied, of settling there permanently, is considered an immigrant; (h) any foreigner who arrives in a country with the sole object of working there temporarily is considered an ordinary worker”. 1 Diario de la VI Conferencia internacional Americana^ No. 33, p. 466. The English translation is taken from the Report of the Delegates of the United States of America to the Sixth International Conference oi American States, Havana, 16 Jan.-20 Feb. 1928, Appendix 39, p. 270. 26 GENERAL PROVISIONS information regarding the state of national labour markets and their fluctuations. In preparation for the session of the International Emigration Commission in 1921 the International Labour Office forwarded a detailed questionnaire to Governments on the subject of the state of their emigration and immigration legislation and their methods of preparing statistical information. The labour of condensing the information and texts received in answer to this questionnaire has been embodied in several studies dealing with emigration and immigration legislation and treaties and with methods of compiling emigration and immigration statistics The meeting of the Emigration Commission of 1921 was also the occasion of a first exchange of views between the Governments represented as to the part which the International Labour Office should play in this connection. As has been explained above, the Commission passed a resolution requesting the Governing Body of the International Labour Office to take steps to enable its technical migration service, assisted if necessary by some experts, to examine the problem of the international co-ordination of migration laws. On the other hand, a resolution was passed asking that all legislative, statistical or other information concerning migration should be regularly forwarded to the International Labour Office. In compliance with the resolution of the Emigration Commission, the Fourth Session of the International Labour Conference in 1922 again took up the examination of this question. Its decision on this subject took the form of a Recommendation directing all Members of the International Labour Organisation to furnish the International Labour Office with all information available concerning emigration, immigration, repatriation and transit of emigrants on the outward and return journeys and concerning the measures taken or contemplated in connection with these questions. As far as possible this information is to be given every three months and at the latest within three months following the end of the period to which it refers. Moreover, every State Member of the Organisation is asked to make every effort to communicate to the International Labour Office within six months following the year to which they refer, as far as information is available, the total figures of emigrants and immigrants, separating its nationals from aliens and giving in particular the following details for its nationals and as far as possible also for aliens : (1) the sex of the emigrant or immigrant; (2) his age; (3) his occupation; (4) his nationality; (5) the country of last residence; (6) the country of proposed future residence. Finally, the Conference recommended that each Member of the International Labour Organisation should take steps to conclude agreements as far as possible with other Members regarding the determination of identical information to be entered on the identity papers delivered to emigrants and immigrants by the competent authorities of Members entering into the agreement and the employment of a uniform method for recording statistical information regarding emigration and immigration 1 Reports presented to the International Emigration Commission, 1921 : International Emigration Commission : Report of the Commission, 1921. International Labour Office : Emigration and Immigration—Legislation and Treaties, 1922; Methods of Compiling Emigration and Immigration Statistics, 1922. 2 The International Labour Conference on 28 Oct. 1922 also adopted the following Resolution : “The Conference instructs the International Labour Office to make every effort to facilitate the international co-ordination of migration statistics. It particularly draws the attention of the International Labour Office to the Importance of adopting the following age classification : (i) under 15 years, (ii) from 15 to 25 years, (iii) from 25 to 55 years, (iv) above 55 years.** INTERNATIONAL INFORMATION 27 The recommendation has been acted upon by a large number of Governments, which regularly send in the information asked for. Particularly where statistics are concerned, the efforts made to introduce common methods for recording statistical information, and render international co-ordination of the information so given possible, have already produced very gratifying results. Methods are tending to become more uniform and certain common principles are generally admitted. The returns furnished by Governments enable monthly tables to be drawn up, and yearly comparisons of figures to be made, as well as periodical surveys showing fluctuations in world migration movements. As far as the co-ordination of legislation is concerned, the work can only proceed slowly step by step. Nevertheless, the information furnished relating to migration legislation enables the International Labour Office to undertake such studies as the present in which those factors in regard to which co-ordination is possible are so arranged as to be easily surveyed, to publish the latest information regularly in the Monthly Record of Migration ^ and to publish legislative texts themselves in its Legislative Series. In a few cases the International Labour Office has already sueceeded in having conventions adopted which tend to co-ordinate the activities of different countries relating to compensation for industrial accidents incurred by alien workers and to the inspection of emigrants on board ship (cf. Chapter VII, § 5, (d), and Chapter V, § 2). On their side the International Conferences on Emigration and Immigration which met in Rome in 1924 and in Havana in 1928 also emphasised the utility both of publishing systematic collections of emigration and immigration laws and regulations and of striving to effect unification on all points on which agreement is possible. The Havana Conference in particular requested that all interested countries should proceed to study their respective laws, “in order to assist the codification of legislation on which international agreement has been reached”, and it further directed the preparatory committee which may be appointed later to prepare for a third Conference to undertake preliminary work in connection with the codification of legislation on which agreement has been reached between the nations concerned. Finally, it recommended that committee to request the League of Nations, the International Labour Office and the International Institute of Agriculture to continue the work directly or indirectly connected with migration which they had undertaken. Further, the same Conference, in a resolution relating to the regulation of oversea transport of emigrants, recommended a study of the regulations issued by the different States on the subject of oversea transport so that in future their provisions might be co-ordinated as far as possible. It is also the duty of the International Labour Office to collect information relating to fluctuations in the labour market in connection with its activities with regard to the prevention of unemployment. The First Session of the International Labour Conference (Washington, 1919) adopted a Draft Convention in virtue of which those Members who 1 As from Jan. 1929 the Mortthly Record of Migration ceased to appear as a separate publication. The information relating to international agreements, legislation, and the activities of private oi^anisations appears in Industrial and Labour Informatiout and all information relating to migration statistics (monthly tables and analyses of reports and other documents) appears in the International Labour Review. 28 GENERAL PROVISIONS ratified it undertook to communicate to the International Labour Office, at intervals as short as possible and in no case exceeding three months, all statistical or other information with regard to unemployment. Further, Article 2, after providing in each country for a system co-ordinating the work of employment exchanges, added that the different national systems should be co-ordinated by the International Labour Office in agreement with the countries concerned. THE RIGHT TO EMIGRATE AND TO IMMIGRATE 29 CHAPTER IV FREEDOM OF MIGRATION AND ITS LIMITS As in national emigration and immigration laws, so in treaties, freedom of emigration and immigration is sometimes recognised or restricted, as the case may be, in ways agreed upon by the contracting Parties. Some treaties, moreover, deal also with passports and other means of supervision adopted by Governments at the frontier to enable them to regulate the international movement of persons : international agreements relating to these matters generally aim at simplifying existing regulations or even at abolishing formahties of this kind in the intercourse between contracting States; in this way some of the obstacles in the way of free migration are removed. § 1.—The Right to Emigrate and to Immigrate The right to emigrate and immigrate has frequently been defined in treaties with greater or less precision. The stipulations endeavouring to do so may either tend to establish free exercise of this right or on the other hand they may restrict it. With regard to the recognition of the right of emigration and immigration, the stipulations as to the right of admission which are to be found in a great many general treaties should be mentioned first (treaties of amity, commercial and navigation treaties). Several kinds of formula are used. One of those most frequently and widely used is also one of the vaguest ; it confers on the nationals of the other Party the right to settle and the right to stay temporarily, which would lead one to presuppose the right of entry. But this latter right is often restricted by means of reservations; in approving the commercial treaty concluded with Germany on 8 December 1923, a treaty containing in Article 1 the clauses conferring the right to enter, travel and reside, the Senate of the United States makes the following reservations : “Nothing contained in Article 1 shall be construed to affect existing 30 FREEDOM OF MIGRATION AND ITS LIMITS statutes of either country in relation to the immigration of aliens or the right of either country to enact such statutes”. In the treaty of amity, commerce and navigation concluded by Colombia and Italy on 27 October 1892 and the treaty of residence (établissement) and of commerce concluded between Colombia and Switzerland on 14 March 1908, the right is reserved of refusing the entry of nationals of the other party who are considered dangerous or bad characters. The Residence Conventions concluded between Poland and Turkey on 23 July 1923 and between the Allied Powers and Turkey on 24 July 1923 specify that the provisions relating to the right of residence do not restrict the right of the Parties to authorise or forbid at will immigration into their respective countries ; the Residence Convention of 7 August 1927 between Switzerland and Turkey contains similar provisions, and within recent years numerous treaties have been concluded containing similar reservations under different forms {Austria-France, Commercial Treaty of 16 May 1928, addendum to Articles 20-21 and 32-33; AustriaGreat Britain, Commercial Treaty of 22 May 1924; United States-Latvia, treaty of amity, commerce and navigation of 20 September 1926, Article 1, etc.). Other treaties recognise the “right to travel” on the part of nationals of the contracting Parties. This formula, a very common one, does not make it clear whether this right extends to immigrants as such ; it would appear to be expressly applicable only to the travel of persons bound on commercial business, as is proved by the reservations sometimes made to limit its scope (see for instance the commercial treaty between Austria and Great Britain Of 22 May 1924). This formula is to be found in the treaties of amity, commerce and navigation concluded between Germany and Colombia on 25 July 1892, Germany and Guatemala on 20 September 1887, Germany and Honduras on 12 December 1888, Denmark and Italy on 18 October 1886, France and the Dominiean Republic on 9 September 1882, etc. It will be seen (Chapter VIII, § 6) that it has been possible to interpret a similar provision inserted in the treaty of amity, commerce and navigation concluded between Great Britain and the United States on 19 November 1794—according free right of passage across the frontier to citizens of the United States, to British subjects and to native Indians—as giving a right to persons remaining domiciled in Canada to proceed to the United States in order to work there without coming under the Immigration Acts. Another fairly characferistic formula is that which figures prominently in the provisional commercial agreement concluded between Germany and the Economic Union of Belgium and Luxemburg on 4 April 1925, according most-favoured-nation treatment as regards entry into the country concerned. Other formulas are more exact and can be interpreted as giving recognition to the right to immigrate, such as that giving nationals of the contracting Party “liberty freely to come to all places in the dominions and possessions of the other” (a formula in the commercial treaty between Bolivia and Great Britain of 1 August 1911) or another formula to be found in a number of treaties recognising “the right to pass freely on to the territory of the other Party and to reside there” (e.g. the commercial treaty concluded between Finland and Hungary on 29 May 1925) ; or again the one giving “the right of entry and of leaving without let or hindrance, in conformity with the regulations governing the right of entry” (treaty of commerce and navigation concluded between Colombia and Ecuador on 10 August 1905). Further, Latvia and Lithuania, in the treaty of 14 May 1921, relating to the respective rights of citizens, very definitely agreed “not to exclude citizens of the other contracting States from entering, residing or settling permanently within their frontiers” (Article 11). Stipulations of this kind have been inserted in several treaties of commerce and navigation concluded by Japan, according to the nationals of each Party the right “freely and in full security to come to all places, ports and rivers in the territories and possessions of the other Party where the subjects or citizens of the most favoured nation are authorised to come, as well as the THE EIGHT TO EMIGRATE AND TO IMMIGRATE 31 right of remaining or residing in all places or ports where the subjects of the most favoured nation are authorised to remain or reside” (Argentine Republic-Japan, 3 February 1898; Brazil-Japan, 5 November 1895; ChileJapan, 25 September 1896); or again “shall have full liberty to enter with their family and reside anywhere within the territories of the other Party and shall in all that relates to travel and residence be placed in all respects on the same footing as native subjects, provided that they conform themselves to the laws of the country” {Germany-Japan, 24 June 1911 ; AttstriaHungary-Japan, 28 October 1912; Economic Union of Belgium and Euxemburg-Japan, 27 June 1924; Denmark-Japan, 12 February 1912; EcuadorJapan, exchange of notes of 9 August-19 September 1918 relating to immigration and the enjoyment of civic rights in Ecuador which complete the Treaty of Amity of 26 August 1918; Finland-Japan, 7 June 1924; France-Japan, 19 August 1911; Great Britain-J apan, 3 April 1911; ItalyJapan, 25 November 1912; Mexico-Japan, 8 October 1924; Norway-Japan, 16 June 1911; The Nether lands-Japan, 6 July 1912; Peru-Japan, 20 March 1895; Poland-Japan, 7 December 1922; Japan-Serb-Croat-Slovene Kingdom, 16 November 1923; Sweden-Japan, 19 May 1911; Switzerland-Japan, 21 June 1911; Czechoslovakia-Japan, 30 October 1925). Some of these treaties contain a reservation concerning the application to all foreigners of general police and safety regulations or regulations on the employment of foreigners (Japan-Poland, Japan-Czechoslovakia). Sometimes even, Japan has ineluded in the treaties to ivhich it is party a statement safeguarding its citizens against any special exclusion on grounds of their Asiatic origin. Thus the Convention respecting conditions of residence concluded by certain of the Allied Powers, including Japan, with Turkey at the same time as the Treaty of Peace (24 July 1923) contains in an Appendix a note stating that the reservation in Article 2 of the Convention concerning the application of immigration regulations may not be interpreted as giving the right in any kind of way to discriminate on grounds of race against Japanese subjects in favour of nationals of other States. Subsequent to the signature of the Commercial Treaty between Japan and Paraguay of 17 November 1919, diplomatic notes dated 29 and 30 November 1920 explained that the term “yellow race”, contained in the prohibitory clause of section 14 of the Immigration Act in force in Paraguay, does not apply, according to the interpretation given by the Government of Paraguay, to any subject of the Japanese Empire; nevertheless, to avoid any misunderstanding in future the Government of Paraguay will as soon as possible take the necessary steps to revise the Act in question and make it conform to the interpretation mentioned above i. The Government of Paraguay also gave its assurance that there was no law or regulation explicitly or implicitly discriminating against Japanese subjects in favour of the nationals of any other country as regards entry, residence and the enjoyment of civil rights. As the right to emigrate and immigrate is a preliminary condition of any agreement relating to labour or the recruitment of labour, it is often specifically mentioned in such agreements ^ In effect. Act No. 691 of 31 Oct. 1924 amended section 14 of the Paraguayan Immigration Act by deleting the clause relating to the prohibition of the immigration of persons belonging to certain races (cf. Vol. II, p. 60). 32 FREEDOM OF MIGRATION AND ITS LIMITS that the country supplying labour shall impose no obstacles on the departure of its nationals and that the employing country on its part shall grant every facility for the entry of workers engaged in conformity with such treaties, or who arrive spontaneously or individually. Generally, the same facilities are granted to workers’ families. These provisions will be found in the analysis of agrèements concerning labour and the recruitment of labour in Chapter VII ( § 1). It must be noted, however, that, side by side with the recognition of the right to emigrate and immigrate, a provision is sometimes inserted in the same agreements to the effect that this right can be temporarily suspended by reason of the economic condition of the employing country. A considerable number of treaties tend to recognise the right of expatriation, that is to say, they ensure to naturalised citizens of one of the States, who are also considered to be nationals of the contracting Party to which they were originally subject, the right of re-entering the territory cf that country without running the risk of having to undergo penalties in consequence of not having fulfilled certain of their obligations as citizens, that of military service especially; but the difficulties due to the existence of double nationality, which those treaties regulate, are dealt with in the analysis of this class of provision in Chapter VI, § 5, (“Nationality of Immigrants”). It may be said in fact that, by a kind of tacit understanding, a more liberal procedure than that usually adopted is often laid down where there exists reciprocal immigration of nationals of countries in the same region, having common political and economic interests, or affinities of race, language or custom (Latin-American or Central American States, Scandinavian States, etc.). As a rule these concessions consist in a simplification of Governmental regulations, but sometimes they are also based on provisions of Immigration Acts. A motion of the sixth Pan-American Conference (Cuba, March 1928) is the outcome of an effort to confirm by means of a common declaration, outlining a mutual agreement, the favourable treatment accorded to citizens of the American nations in the matter of entry into the other American States, especially the United States, and to establish greater uniformity. Among common principles of their migration policy the Conference enunciated the recognition of the right of American States to examine (in order to restrict the volume if judged opportune) the advantages of the entry into their territories of immigration currents coming from “other continents”. This, it would seem, amounts to an indirect recognition of the freedom of LIMITATION OF THE RIGHT TO IMMIGRATE 33 inter-American migration. However, a resolution which dealt with the question of freedom of movement among the American States was adjourned for later consideration. On the other hand, the agreements which are being prepared by the Economic Committee of the League of Nations with regard to equality of treatment as between nationals and aliens have reference only to aliens lawfully admitted; the question of admittance has been left aside for later consideration. § 2.—Limitation of the Right to Immigrate Elsewhere a certain number of treaties have sought to deny or to restrict the right to emigrate and immigrate. This is particularly the case with regard to the many treaties concluded to restrict the immigration of certain Asiatic peoples by means c f an understanding with the Government concerned with a view to diminishing the misunderstandings and difficulties that have been caused by one-sided policies to which the peoples concerned have had to submit without approving them. For instance several treaties deal with the admission of Chinese. China-United States. From the outset the Chinese immigrants who appeared in the United States towards 1849 were received with disfavour in California, they were refused the right of citizenship and a prolonged conflict ensued between the State legislature-—which aimed at strict regulation of the admission of Chinese—^and the federal authorities, represented in particular by the President and the Supreme Court, whidi on several occasions had to declare unconstitutional the anti-Chinese legislation of California. The first diplomatic solution of the problem of Chinese immigration into the United States was attempted on 28 July 1868, in the form of Additional Articles to the Commercial Treaty of 1858, often referred to as the “Burlingame Treaty”. This Treaty did not prohibit Chinese immigration. On the contrary, it proclaimed the inherent and inalienable right of man to change his home, and consequently recognised the right of nationals of either contracting Party to emigrate from or immigrate into the territory of the other Party for the purpose of visiting the country or of trade or as permanent residents. At the same time any other than an entirely voluntary emigration was prohibited and the Governments undertook to punish any person seeking forcibly to oblige a national of the other Party to emigrate. As provided in these treaties, Chinese subjects, like citizens of the United States in China, were to enjoy the same privileges, immunities and exemptions with respect to travel and residence as might be enjoyed by the citizens or subjects of the most favoured nation. But the right of naturalisation was denied them. Public opinion on the Pacific coast of the United States was not satisfied by this treaty. The agitation continued and rigorous State Acts were again -drafted and passed. To put an end to this agitation, the Governments of the United States and China agreed on the text of a further treaty signed 3 34 FREEDOM OF MIGRATION AND ITS LIMITS on 17 November 1880 which, while respecting the privileges and immunities conceded by the previous treaty, nevertheless limited emigration much more strictly. This treaty, which, according to its text, is to be perpetually observed, is no longer based on the principle of reciprocity. It provides that, whenever in the opinion of the Government of the United States the coming of Chinese labourers to the United States or their residence therein affects or threatens to affect the interests of that country, or to endanger the good order of the said country or of any locality within the territory thereof, the Government of China agrees that the Government of the United States may regulate, limit or suspend such coming or residence, but may not absolutely prohibit it. The limitation or suspension of the right of immigration must be reasonable, and a preliminary communication on the subject must be addressed to the Chinese Government so that an understanding with regard to it may be reached. Further free right of entry is conceded to teachers, students, merchants and tourists with their families and servants, as well as to Chinese labourers previously admitted to the United States. Full protection is assured to all Chinese admitted, they are allowed to go and come of their own free will and accord and are accorded all the rights,- privileges,, immunities and exemptions accorded to the citizens and subjects of the most favoured nation. As the enforcing of the restrictive provisions of this treaty again gave rise to some internal agitation in the United States, further negotiations were opened to settle these differences, as a result of which a treaty was signed in 1888 suspending the immigration of Chinese labourers for twenty years. But China did not ratify it. The negotiations were reopened in 1894 and resulted in a treaty concluded on 17 March 1894, suspending the immigration of Chinese labourers for a period of ten years. This treaty was. denounced by China on the expiry of the first term of its validity in 1904. No treaty has been concluded since between the United States and China, and Chinese in the United States are subject to American legislation anal5^ed in Volume II of this work and prohibiting Chinese immigration, (see Chapter III, § 1, CdJ); nevertheless, the principles of the perpetual treaty of 1880 remain in force, even though subsequent legislative provisions render some clauses inoperative. China-Mexico. The admission of Chinese into Mexico has also been regulated by means of agreements. A modus vivendi dated 26 September 1921 provisionally regulated this question until the Treaty of Commerce and Na-vigation of 14 December 1899 should be definitely amended. According: to this treaty (Article 1), reciprocal rights of entry into the territory of the other contracting Party and of residence there had been recognised. According to the new agreement, in the form of a reciprocal undertaking, the two contracting Parties agree to prohibit their nationals from entering the national territory of the other Party so long as the Mexican Government prohibits the immigration of foreign labourers At any time emigration of Chinese labourers to Mexico can only take place with the approbation of the Governments of China and Mexico and is subject to the conditions to be decided upon by the two Governments. For the purpose of interpreting these provisions, immigrant labourers are defined by the agreement as “those individuals who come to Mexico with the sole purpose of being employed in manual labour and are without any capital, and who depend upon manual labour for a living”. From the scope of these restrictive provisions, persons engaged in commercial business and provided with capital amounting to 500 Mexican pesos are excluded, likewise those entering the national territory of the other contracting Party for the purpose of engaging in any kind of work which may be called intellectual work, and 1 See Vol. II, p. 36, Mexico, the regulations relating to immigration prohibitionsenacted with regard to workers oí different nationalities. LIMITATION OF THE RIGHT TO IMMIGRATE 35 travellers and students or apprentices who are provided with reliable financial support. Nor, as far as entry into Mexico is concerned, do the restrictive provisions of the treaty apply to the wives and minor children of Chinese nationals authorised to reside there, or to agricultural colonists. The treaty provides that regulations governing the immigration of the latter shall be defined later by mutual agreement between the Parties. China-Peru. China and Peru have also regulated the same class of difficulty by means of treaties. A first treaty of amity, commerce and navigation, dated 26 June 1874 and the validity of which was prolonged by a Protocol dated 17 August 1909, without the term of its duration being limited, established (Article 6) the right of the citizens of the two States to emigrate to the territory of the other contracting Party on the same terms as those contained in the Sino-American treaty of 28 July 1868 (see above, p. 33). As a Peruvian Decree had already restricted Chinese immigration in 1909, the Chinese Government protested against these one-sided measures which were in contradiction to the elauses of the treaty. Negotiations followed and by a Protocol dated 28 August 1909 ‘ the Chinese Government undertook voluntarily to restrict the emigration of its subjects to Peru, not permitting any of its subjects to proceed to Peru without the authorisation of the Chinese Govermnent, or of Chinese representatives abroad, and refusing to issue passports to unemployed Chinese subjects desirous of proceeding to Peru for the purpose of undertaking manual labour. Without figuring in such formal treaties, the emigration of Japanese hás nevertheless been restricted by means of understandings reached with certain countries, most frequently through the exchange of unpublished diplomatic correspondence constituting an understanding generally called a “Gentlemen’s Agreement”. In Australia several arrangements were made with regard to the Japanese which regulated difficulties raised by Australian legislation. At the period when the latter State adhered to the Anglo-Japanese commercial treaty of 1894, a first agreement was concluded between Japan and Queensland with the object of restricting, as far as Japanese were concerned, the right of entry recognised by the treaty. In an agreement with the Conunonwealth, dated 1905, Japan promised to grant passports for Australia to students, merchants and tourists only ; the Commonwealth on its part authorised persons provided with such Japanese passports, endorsed by the British consul at the port of embarkation, to enter Australia for a period of twelve months without being subjected to the dictation tests prescribed by Australia for the purpose of restricting the admission of Asiatic immigrants (cf. Volume II, p. 62). In 1919 at the request of Japan it was agreed that the period of residence might be extended beyond twelve months *. The emigration of Japanese to Canada was the subject of an exchange of Notes and an arrangement between the British and Japanese Governments on 23 December 1907 came into force between Canada and Japan in 1908, generally known as the “Gentlemen’s Agreement” or “Lemieux Agreement”. By this agreement Japan undertook voluntarily to confine the emigration of its nationals to Canada within very restricted limits. In 1923 a fresh agreement was arrived at, restricting the number of passports to 1 Called the “Porras-Wiu Ting Fang Agreement.” “ Institute of Pacific Relations : Australian Immigration Laws and their Working, p. 4; Honolulu, Hawaii, 1927. Also E. L. Piesse : “Japan and Australia”, in ForeignAjfairs, New York, Vol. IV, p. 475. 36 FREEDOM OF MIGRATION AND ITS LIMITS be delivered annually to agricultural workers and domestic servants to 150; no maximum was fixed at that time for other categories of migrants. According to a declaration made by the Canadian Prime Minister in the House of Commons, Japan consented in 1928 to restrict the total number of Immigrants going to Canada per year as agricultural labourers, domestic servants or the wives and children of Japanese immigrants resident in Canada, to 150 persons. Moreover, it was agreed that as respects these persons leaving Japan to go to Canada, the Canadian Minister in Japan should visa their passports. It was also agreed that, despite the provision of the commercial treaty in existence which gives certain rights to Japanese travelling to and fro, the officers of the Canadian Department of Immigration should apply to Japan the immigration laws of Canada in the same manner as they are applied to all other countries The emigration of Japanese to the United States was regulated in 1907 and 1908 by means of a series of declarations and diplomatic correspondence constituting a “Gentlemen’s Agreement”, in which the Japanese Government promised spontaneously to restrict the emigration of its subjects and only to issue passports for the United States in cases determined by the agreement. Inadditiontothis,theTreaty of Commerce concluded on 21 February 1911 between the United States and Japan recognised the liberty of subjects or citizens of either Party to enter, travel and reside in the territories of the other contracting Party to carry on trade (Article 1); when this treaty was signed a note from the Japanese Ambassador was annexed, in which he ^ declared that the Japanese Government was fully prepared to maintain the limitation and control which they had for the past three years exercised in regulation of the emigration of their labourers to the United States It is oh the basis of these contractual obligations that the Japanese Government has protested against the provisions of the United States Act of 1924 which, in spite of the promises given, prohibits the immigration of Japanese (cf. Volume II, p. 60). Within the British Empire the exclusion or inequitable treatment of Indians in various regions of the Empire has several times been discussed and efforts have been made to arrive at a common solution of the problem. A resolution of the Imperial Conference of 1918 (resolution 21) reaffirms the right of each community of the Empire to control the composition of its own population by means of restriction on immigration from any of the other communities. At the same time the Conference declared (paragraph 3) that Indians already permanently domiciled in the other British countries should be allowed to bring in their wives and minor children, on condition faj that not more than one wife and her children shall be admitted for each such Indian, and (b) that each individual so admitted shall be certified by the Government of India as being the lawful wife or child of such Indian. The 1921 Conference reaffirmed the principle laid down in 1918 of untrammelled control of immigration, but nevertheless considered that there was an incongruity between the position of India as an equal member of the British Empire and the existence of disabilities upon British Indians lawfully domiciled in some other parts of the Empire. The Conference accordingly was of opinion that it was desirable that the rights of such Indians to 1 Journal of the Parliaments of the Empire, Vol. IX, No. 2, p. 214, and House of Commons Debates, OJicial Report, Second Session, 26th Parliament, Vol. Ill, 1928, p. 4162. 2 Cf. Kiyo Sue Inui : The Unsolved Problem of the Pacific, p. 408. LIMITATION OF THB BIGHT TO IMMIGRATE 87 citizenship should be recognised South Africa did not accept this resolution, and though at the 1923 Conference another discussion on the subject took place, no further resolution resulted from it. Since then the situation of Indians residing in South Africa has been »discussed at the three special Round Table Conferences held in 1926 between South African and Indian delegates. The last of these Conferences (Cape Town, 17 December 1926-11 January 1927) succeeded in formulating principles to serve as à basis for an agreement, which were accepted by the two Governments. The following are the most important points, summed up in a declaration simultaneously communicated on 21 February 1927 to the Parliaments of the two countries : Both Governments reaflSrm their recognition of the right of South Africa to use all just and legitimate means for the maintenance of Western standards of life. The Union Government recognise that Indians domiciled in the Union, who are prepared to conform to Western standards of life, should be enabled to do so. For those Indians in the Union who may desire to avail themselves of it, the Union Government will organise a scheme of assisted emigration to India or other countries where Western standards are not required. Union domicile will be lost after three years’ continuous absence from the Union in agreement with the proposed revision of the law relating to domicile, which will be of general application. Emigrants under the Assisted Bmigrati™ Scheme who desire to return to the Union within the three years will onlj^e allowed to do so on refund to the Union Government of the cost of the assistance received by them (see Chapter V, § 5). The Government of India recognise their obligation to look after such emigrants on their arrival in India. The admission into the Union of the wives and minor children of Indians permanently domiciled in the Union will be regulated by paragraph 3 of Resolution 21 of the Imperial Conference of 1918 (see above). Further, the Government of the Union have decided not to proceed further with the Areas Reservation Bill, under which Indians would have to reside and ply their trade in special areas. The two Governments agree to watch the working of the agreement reached and to exchange views from time to time as to any changes that experience may suggest. The Government of India is invited to appoint an agent in the Union in order to secure continuous and effective co-operation between the two Governments Apart from the numerous laws that strietly regulate the entry of alien workers into the different eountries (ef. Volume II), it should be noted that European emigration has also been restricted by international arrangement—for instance, in the case of Italian emigration into Atistralia, w:hich arrangement is referred to in Volume II (cf. page 50) It will be seen later that 1 Conference of the Prime Ministers and Representatives of the United Kingdom, THE Dominions and India: Summary of Proceedings and Documents, 1921, p. 8, 2 Cf. Official Year Book of the Union of South Africa, 1926-1927, No. 9, p. 889. 3 According to the statements made hy the Prime Minister of the Commonwealth in the House of Representatives on 30 May and 5 June 1928, a new agreement entered into by Australia and Italy fixes the number of Italians admissible into Australia during a period of twelve months at 3,000. These immigrants were to consist entirely of near relatives of Italians already residing in Australia (Commonwealth of Australia : Parliamentary Debates, First Session : third period, 1927-1928, Nos. 40 and 42). 38 FREEDOM OF MIGRATION AND ITS LIMITS a certain number of agreements relating to labour or the recruitment of labour provide for a numerical limitation of alien workers to be recruited or admitted, on the basis of general principles laid down by the agreements (cf. Chapter VII, § 1). The object of agreements relating to the examination of emigrants before departure is to eliminate individuals who cannot be admitted under the laws of the country of destination; these are analysed in Chapter V (§ 1). Public health agreements containing provisions for the temporary interruption of the international stream of migrants in case of an epidemic (§ 4) and agreements ensuring freedom of transit ( § 3) are also analysed in Chapter V. § 3.—The International Co-:ordination of Systems of Inspection A third series of agreements comprises those by means #f which two Governments strive to co-ordinate their respective regulations controlling the entry and departure of migrants. For instance, Spain and Portugal concluded an agreement in 1897 to suppress clandestine emigration across the territory of the neighbour State, in which each country undertook to prohibit the departure of subjects of the other contraeting party from its territory, unless they were in possession of a certificate establishing the nihil obstat of the competent consular agent of the other country. Agreements of that kind have also been made between immigration countries. The understandings between several South American States {the Argentine Republic, Bolivia, Brazil, Chile, Paraguay, Peru, and Uruguay) should be noted particularly ; they were reached at a Conference held in Buenos Ayres in February 1920 to organise the mutual protection of those countries against undesirable immigrants, often following circuitous routes in order to enter the territories of these countries. An administrative agreement was signed on 28 February 1920, which dealt with the exchange of information, the antecedents of immigrants and the co-operation of the police forces of the different States in punishing oftenees committed by immigrants. The contracting Parties undertook to supply eaeh other with regular data with regard to all individuals considered a danger to society and particularly with information as to their civil status, their aliases, parentage, occupation and identification (finger-prints, photographs, description). Further, they undertook to communicate immediately all information of a judicial character relating to condemnation of such persons and legal action taken against them, or to their departure or deportation from the country. The United States and Mexico, in a treaty for the suppression of smuggling, signed on 23 December 1925, inserted provisions aiming at the suppression of clandestine immigration at the same time. The Parties agreed to employ all reasonable measures to prevent the departure of persons destined to the territories of the other, except at or through regular ports or places of entry or departure established by the contracting Parties. They also mutually agreed that they would exchange information regarding PASSPORTS, VISAS AND OTHER IDENTITY PAPERS 39 persons proceeding to the other country and regarding activities of any persons on either side of the border, when there was reasonable ground to believe that such persons were engaged in unlawful migration activities or in conspiracies against the other Government or its institutions (Articles 6 and 9). Other provisions relate to measures for regulating the recruitment of labour (cf. Chapter VII, § The agreements concluded between Switzerland and Liechtenstein establish more complicated machinery ; on the one hand, they tend to place the nationals of the contracting Parties in a privileged position by allowing free movement of persons between the two countries; on the other hand, they establish uniform regulations with regard to the entry of foreigners into the two countries. By Article 33 of the Customs Union Treaty concluded on 29 March 1923, the Swiss Confederation undertakes to dispense with the police supervision of foreigners at the frontier between Switzerland and Liechtenstein for as long a period as the Principality of Liechtenstein ensures that the Swiss regulations concerning the supervision of foreigners, their settlement and residence, are observed in its territory. A new agreement dated 28 December 1923 specifies that the Swiss regulations with regard to such matters as the crossing of the frontier, the sending back of persons, the declaration to be made on arrival, the period within which conditions of residence must be regulated, etc., are to be extended to the territory of the Principality of Liechtenstein. Article 6 stipulates that persons deported from one State will not be harboured on the territory of the other, unless they are nationals. Further, an additional declaration abolishes the visa in the case of nationals of one contracting State settling on the territory of the other State for the purpose of finding work, and .the States undertake to permit their respective nationals to reside for the purpose of taking up employment ; but as a result the Government of Liechtenstein undertakes to see to it that its procedure with regard to naturalisation does not enable foreigners to evade too easily poliee restrictions concerning them. With these agreements may be classified several miscellaneous agreements and especially undertakings to establish common frontier stations at which control is exercised by the Governments of two neighbouring countries, or agreements to run international through trains subject to special supervisory regulations isee also Chapter V, § 2, the passages relating to the transport of migrants and inspection on board ship). § 4.—Passports, Visas and Other Identity Papers The system of passports and visas which at the beginning of the century had been abolished in the great majority of States, reappeared in all countries during the world war and has continued after it; in consequence a vast number of different national regulations have come into existence which seriously hamper the movements of migrants; these are examined in Chapter III of Volumes I and II. It is only by degrees that international agreements began to be concluded to ease this situation by introducing greater simplicity and uniformity with regard to these formalities, and even occasionally by abolishing them altogether. 40 FREEDOM OF MIGRATION AND ITS LIMITS (a) Unification and Simplification of the System With a view to unification and simplification of existing regulations, the Conference on Passports, Customs Formalities and Through Tickets, convened in Paris by the League of Nations in October 1920, considered the problem of passports and visas, and it was again brought before a second Conference on Passports held in Geneva in May 1926. These two Conferences recommended a series of measures to Governments for their adoption, the most important of which bear on the following points : (a) The issuing of an international type of passport decided on at these Conferences, to be valid for at least two years and if possible for five, the validity of the passport extending to all foreign countries, or at least to as large groups of countries as possible, the fees charged to be moderate and the same for all persons. (b) Abolition of entrance and transit visas as soon as possible by means of inter-State agreements. Total abolition of exit visas. The duration of the validity of entrance visas as far as possible to be the same as that of the passport, or else to apply to a single Journey on the request of the applicant. The duration of the validity of transit visas always to be the same as that of the entrance visa of the country of destination; the visa to be valid for all frontiers in all but exceptional cases. The fee charged for the entrance visa not to exceed 10 gold francs, or 5 gold francs for a single journey, and for the transit visa 1 gold franc, regardless of nationality or of the itinerary followed, but States retaining the right either to charge higher fees to nationals of countries charging higher fees or charge lower fees as a result of mutual agreements. Provision for exemption from fees or for reduced fees to be made in public and official regulations in accordance with the principle of equality. (c) These provisions to be applicable to family passports, a family passport (husband, wife and children) being considered, especially as regards the charges levied, as an individual passport. (d) The greatest possible facilities to be accorded with regard to the obtaining of passports so as to save travellers and emigrants long and costly Journeys ; visas to be delivered within the shortest possible time, the applicant not as a rule being required to appear in person and no proof required of the necessity of the Journey. A transit visa to be delivered simply on presentation of the entrance visa, in all but exceptional circumstances. (e) As for emigrants, the 1920 Conference decided to make the common system apply to them, and to consider the collective passports of migrants as ordinary collective passports, valid for a whole family, for which the same fees should be charged without any discrimination based upon either the nationality of the worker (except where international agreements exist for the reduction of fees) or the points of entry into or exit from the territory of the State issuing the visa K 1 Cf. League op Nations, Obganisation fob Communications and Transit : Resolutions adopted by the Conference on Passports, Customs Formalities and Through Tickets in Paris on 21 October 1920; Geneva, Nov. 1925, C. 611. M. 230, 1925, VIII; and Passport Conference held at Geneva, 12-18 May 1926 : “Final Act of the Conference”; Geneva, May 1926, C. 320. M. 119, 1926, Vm/2. PASSPORTS, VISAS AND OTHER IDENTITY PAPERS 41 Further, a proposal was brought forward at the 1926 Conference on the question of special identity documents for emigrants, but the Conference did not come to a decision on the subject, leaving all recommendations on this matter either for subsequent agreement between countries, or to be dealt with by special meetings of delegates from all the countries concerned. It also examined the possibility of creating a transit card for migrants (cf. Chapter V, § 3). As a result of the various decisions of the International Passport Conferences, a large number of countries have modified their passport systems, either through the introduction of new national regulations (adoption of the international type of passport proposed by the Conference, fixing of fees, etc.) or by agreements regarding their relations with certain other countries, as suggested in one of the resolutions of the Conference. Apart from the agreements referred to below, relating to the abolition of passports and visas, the agreement concluded at Gratz on 27 January 1922 between Austria, Czechoslovakia, Hungary, Italy, Poland, Rumania, and the Serb-Croat-Slovene Kingdom, must be mentioned as applying the recommendations of the 1920 Conference with regard to the unification and simplification of formalities. (b) Agreements Relating Particularly to Passports Total abolition of passports applying to all the nationals of the contracting Parties is still very rare. A few Governments have accomplished it by means of bilateral understandings with the Governments of adjacent countries. The case of Belgium may be mentioned, which country has concluded agreements with France, the Netherlands and Luxemburg for the abolition of passports, any identity document being sufficient to take its place. By Estonia and Latvia the “laissez parser“ which are valid in the interior are accepted instead of passports, as a result of “the agreement to facilitate reciprocal communication between nationals of the two countries”, dated 11 November 1925. More often the countries concerned, while not abolishing passports altogether, come to an understanding that they shall be dispensed with in certain circumstances. Thus a large number of agreements exempt the inhabitants of the frontier zone from the obligation of presenting passports, which are replaced by special identity cards (cf. Chapter VIII, §6). Some agreements enable the nationals of neighbouring States arriving for a short stay (as tourists, cn business, to attend congresses, etc.) to dispense with passports, also individuals travelhng in groups— in the latter case lists of members of the groups compiled by the 42 FREEDOM OF MIGRATION AND ITS LIMITS competent authorities serve instead of passports (agreement coneerning the endorsing of passports coneluded between Germany and Finland on 14 May 1927). In the same way foreign workers introduced under the provisions of an international agreement for the recruitment of labour, are occasionally enabled to dispense with passports. The agreement concluded between Germany and Czechoslovakia on 11 May 1928 for the recruitment of seasonal agrieultural workers stipulates that in the case of Czechoslovakian workers reeruited in groups of at least two workers the labour contract—drawn up according to the provisions of the agreement—stakes the place of a passport for the purpose of their sojourn in Germany, the German visa not being required. If a worker should be obliged to leave his group, the consul of Czechoslovakia in Berlin must on the application of the Central Office for Workers (Arbeiterzentrale) furnish him with a passport for the return journey free of cost. Other international agreements have more indefinite provisions to the effect that facilities are to be granted to nationals of one or both of the contracting parties when collective emigration of workers occurs. According to Article 6 of the Treaty for the recruitment of labour of 24 November 1927, Germany and Poland undertake to grant facilities to Polish agricultural labourers at the time of their departure, arrival and return. By the commercial treaty of 4 May 1921 (Article 3), Austria and Czechoslovakia entered into a mutual agreement to see that full official instructions are given in order to facilitate by every possible means or at least by methods in use at the time of signature, the crossing of the frontier by groups of at least three migrating labourers entering or leaving the country. The provisions of the agreement for the recruitment of labour of 24 June 1925, Article 8, are in conformity with this undertaking (cf. Chapter VII, § 1, (b)). As far as the emigration of individual workers is concerned, it may be observed that, in virtue of the Franco-Belgian agreement of 1928 relating to seasonal and frontier labourers, the special certificate issued by the Belgian burgomasters is recognised as an identity paper valid for the crossing of the frontier (cf. Chajiter VII, %1, (b)). (c) The Passport Visa The abolition of visas is mueh more common ; this is generally arranged for by means of bilateral agreements. Numerous States have ceased to require visas of their respective nationals, but it is impossible to enumerate all the diplomatic instruments PASSPORTS, VISAS AND OTHER IDENTITY PAPERS 48 by means of which the change has been made, as many of them only amount to unpublished administrative agreements subject to frequent modifications. It should be noted moreover that when visas are abolished, restrictions are sometimes introduced in the case of individuals changing their residence in order to seek employment, or, on the other hand, special facilities may be granted to emigrant workers. These restrictions generally supplement the internal regulations of contracting States relating to the employment of foreigners and apply to the same classes of persons. A large number of agreements may be mentioned. Some oblige the nationals of one contracting Party proceeding to the territory of the other Party in order to work there, to obtain a special visa or an official paper authorising them to proceed, or else a labour contract duly endorsed (Germany-Denmark, May 1926; Austria-Norway, 8 February 1928; Italy-Latvia, 27 aiay-12 June 1926; Norway-Switzerland, 6 July-30 August 1922; SwedenSwitzerland, 17-19 December 1921; etc.). Others reserve the right of the Parties to take measures for the protection of the home market, reducing, if necessary, the number of immigrant alien workers or even excluding foreign workers {Amtria-Czechoslovakia, 29-30 March 1928 ; Austria-Denmark, 9-11 June 1927; Austria-Finland, 21 July 1927; Austria-Great Britain, 18 July 1927; Austria-Norway, 8 February 1928; Austria-The Netherlands, 25 January-1 March 1927; Austria-Portugal, 22-28 March 1927; AustriaSweden, 20 December 1927 ; Estonia-Finland, 17 May 1927 ; Finland-Latma, 14 May 1927; Germany-Finland, 14Mayl927; Germany-Norway, 17 January 1928), for they may even reserve the right to deport individuals whose occupation as workers might be detrimental to the interests of national workers, particularly where such workers have taken advantage of a journey to the territory of the other State in order to take up employment there without being authorised to do so (Austria-Czechoslovakia, Austria-Finland, EstoniaFinland, Latvia-Finland, Germany-Finland already referred to). It also sometimes happens that the only persons to profit by the abolition of the visa are travellers making a short stay, so that real emigrants, that is to say, persons proposing to reside permanently in a foreign country, are excluded from the benefits of that measure ; for example the agreement of 11 November 1925 between Estonia and Latvia only abolishes the visa in the case of persons not remaining in the other country for more than two months. On the other hand, the provisions of treaties sometimes exempt certain classes of immigrant workers from visa regulations, especially workers recruited collectively. This is the case with regard to workers introduced into Germany as a result of a recruiting agreement which does not provide for the abolition of passports (cf. especially Chapter VII, § 1, the GermanoYugoslav Agreement of 22 February 1928, Article 12). Special exemptions are also made by international agreement in the case of persons following certain occupations which force them to cross frontiers frequently. For instance, an agreement was concluded, on 30 October 1925, between Germany and Belgium for the special purpose of “exempting the so-called Rhine bargemen in both countries from the obligation of obtaining the 44 FREEDOM OF MIGRATION AND ITS LIMITS consular visa, in order to proceed by water to partieular distriets of the other eountry for the purposes of their trade”. The German bargemen and their families may proceed without a visa to the so-ealled Rhenish Belgian ports, the Belgian bargemen and their families may travel on all the waterways which in Germany form the Rhenish zone, all they require is their passport bearing the inscription “Rhine bargeman”. But if they wish to move away from the waterways and from their boats, the holders of such passports must procure ordinary visas. Other provisions of internaticnal treaties relate not to the abolition of the visa but to the simplification of formalities connected with its obtention. Such provisions are especially tci be found in treaties concerning residence. The addendum to Article 1 ot the agreement concerning residence and legal protection concluded between Germany and the Union of Socialist Soviet Republics on 12 October 1925 may be mentioned. Without interfering with the provisions relating to passports already in force in the two countries, the contracting Parties agree that the spirit of the provisions of Article 1 (containing clauses dealing with residence, the right to travel, the identity papers to be presented) implies that requests for permission to enter and pass through the territory of one Party made by nationals of the other Party “should be sympathetically considered and disposed of as promptly as possible”. Entrance and transit visas are wherever possible to be granted by diplomatie and consular agents without previous reference to their Governments. As regards return visas, the same agreement stipulates that nationals of one Party domiciled on the territory of the other shall obtain on request, when leaving that territory, a visa for return, should they intend to leave the country only temporarily, in so far as there are no special objections to their return in individual cases. (d) Special Identity Papers for Certain Classes of Persons (Refugees, Persons without Nationality) Negotiations have been conducted internationally with regard to the creation of special identity papers, making it possible for certain classes of persons to travel to foreign countries, who are unable to obtain national passports, as a result of the political upheavals between 1917 and 1920. Detailed international agreements have been entered into with regard to refugees. The first negotiations were concerned with the creation of a passport for the use of Russian refugees. A conference was convened at Geneva in July 1922 by the High Commissioner of the League of Nations for the Protection of Refugees, and this Conference in an agreement concluded on 5 July 1922 adopted a form of international certificate called the “Nansen Certificate”, which was to be delivered by the State in which the refugee resided, and to be recognised by the country of destination as an identity paper valid for his admission (while reserving other conditions of admittance), and also by the country of transit as valid for the granting of a visa. A similar agreement dated 31 May 1924 was concerned with the granting of the same kind of certificate to Armenian refugees from Turkey. The PASSPORTS, VISAS AND OTHER IDENTITY PAPERS 45 two agreements of 1922 and 1924 were supplemented by other agreements dated 12 May 1926 and 30 June 1928 in which certain provisions were more carefully defined or were modified. The Council of the League of Nations at its Fiftieth Session (7 June 1928) and the Assembly on 20 September 1928 passed Resolutions inviting Governments to extend these agreements to Assyrian, Assyro-Chaldean and Turkish refugees h Other negotiations have dealt with persons without nationality (Heimatlose). The 1926 Conference on Passports adopted a resolution requesting the League of Nations to prepare, with the assistance of experts of those States most immediately concerned, a draft Arrangement based upon the principle of the introduction of an internationally recognised identity document to facilitate the travelling of persons without nationality (Heimatlose). As a result of this resolution, the problem was examined by the Consultative and Technical Committee in 1927 at its March Session and referred by it to the third General Conference on Communications and Transit. This latter, at its session of 2 September 1927, recognised the advantages of an internationally accepted system of identity and travelling documents for persons without nationality or of doubtful nationality. It adopted a series of recommendations concerning the issue of a uniform type of document identical with the international booklet type of passport recommended by the Passport Conference in 1926, except as regards a few minor differences with regard to the manner of issue, the duration of its validity, its renewal, the fees to be charged, etc.^ The agreements coneerning transit cards are examined in Chapter V, § 3. 1 League of Nations ; Documents C./50th Sesslon/P.V.5(l), and A.76.1928.IV. 2 League oFjNATioNSiTÄird Oonjerence on Communications and I^ansit.Vol.llI.C.S5S (b). M.200(6). 1-27.VIII. 46 TRANSPORT OF MIGRANTS AND THEIR PROPERTY CHAPTER V THE TRANSPORT OF MIGRANTS AND OF THEIR PROPERTY In agreement with the general plan of this work, whieh is to follow as far as possible the normal development of migration phenomena, an examination will in the first instanee be made of international regulations relating to the transport of migrants. This chapter therefore will deal with all matters relating to travelling to and from countries, to entry and to departure. § 1.—Examination of Migrants Numerous arrangements have already been made jauthorising immigration countries to establish agents or examining committees at the most important ports and stations of departure, so that emigrants may undergo an examination eliminating as far as possible those who would not be admitted on arrival at their destination. The text of these purely administrative arrangements is not generally published. Canada and the United States in particular have concluded such agreements for the examination of future immigrants at the place of departure, with each other and with several European nations (an account of which is given in Volume II, Chapter VIII, § 1); these two States have further reached a mutual understanding to appoint immigration inspectors at certain pwrts belonging to the other State,who examine immigrants when they land in order to pass through that territory on their way to the neighbour State (cf. Volume II, Chapter VIII, § 2). Also the United States, following the passing of their Quarantine Act, entered into agreements for the medical examination of all passengers in ports of embarkation in certain countries. These are also referred to in the chapter mentioned. Further, most of the labour treaties and recruiting agreements concluded by Germany, Austria, or France with the countries furnishing them with labourers, provide for medical and occupational selection before immigrants leave the country of origin and specify the authorities competent to carry it out; they also sometimes determine the methods of examination on arrival (cf. below Chapter VII, § 1, (b)). THE TRANSPORT OF MIGRANTS 47 § 2.—The Transport of Migrants Special treaties are rare in this connection, but the question has often been dealt with in provisions inserted in general treaties, such as, for instance, provisions concerning the establishing of foreign companies undertaking the transport of migrants, the conditions of transport, the inspection and protection of migrants during the journey, and the insurance of migrants. (a) Undertakings for the Transport of Migrants In Chapter VII of Volumes I and II, the legislative provisions which control the business of transporting migrants are described. There are two kinds of international provisions authorising a private individual or a company to carry out this business in a foreign country : general provisions and special provisions. On the one hand, different treaties and conventions which aim at facilitating international trade and particularly international transport can be made to apply to the transport of migrants where no reservations to the contrary exist; on the other hand, an increasing number of treaties has come into existence which specifically authorise or regulate the transport of migrants. As regards the more general provisions relating to freedom to carry on all kinds of lawful commercial activities, apart from the very large number of bilateral treaties in which such provisions have formally been inserted or are mentioned in passing (mostly residence and commercial treaties), it should be noted that a general unification of these provisions is actually being broached : the Economic Committee of the League of Nations prepared in 1928 a draft multilateral convention on the subject of the treatment of foreigners, in which the principle of equal rights as between aliens and nationals is admitted, particularly as regards the carrying on of commercial activities subject to certain reservations, among which the transport of emigrants is not specified This draft has been submitted to Governments for their examination in view of a special conference which is to be held. A certain number of States have already joined in signing a multilateral convention relating more particularly to the maritime transport business. Article 2 of the Convention on the International Regime of Maritime Ports, • signed at Geneva on 9 December 1923, under the auspices of the League of Nations, contains a provision according to which every contracting State undertakes “to grant the vessels of every other contracting State equality 1 League of Nations, Economic Committee : Document C. 174, M. 53, 1928. II. 48 TRANSPORT OF MIGRANTS AND THEIR PROPERTY of treatment with its own vessels, or those of any other State whatsoever, in the maritime ports situated under its sovereignty or authority, as regards freedom of access to the port, the use of the port, and the full enjoyment of the benefits as regards navigation and commercial operations which it affords to vessels, their cargoes and passengers”. But Article 12 of the same Convention stipulates that “each contracting State shall have the power, at the time of signing or ratifying this Convention, of declaring that it reserves the right of limiting the transport of emigrants, in accordance with the provisions of its own legislation to vessels which have been granted special authorisation as fulfilling the requirements of the said legislation. The vessels so authorised to transport emigrants shall enjoy all the benefits of this statute in all maritime ports” *. By means of bilateral conventions some States have entered into mutual agreements to grant to the nationals of the contracting Party the same rights as are enjoyed by nationals with regard to the transport trade (for instance, the Convention signed by Germany and Austria on 1 September 1920 relating to economic relations, the Treaty of Commerce of 15 June 1883 between Great Britain and Italy) or again to extend the benefit ;of mostfavoured-nation treatment to them (Great Britain-Poland, Treaty of Commerce and Navigation of 26 November 1923; Norway-Siam, Treaty of Amity, Commerce and Navigation of 16 July 1926). On the other hand, other conventions relating to commerce and navigation according equal treatment or most-favoured-nation treatment to the nationals of the other Party with regard to sea-borne trade in general contain a special reservation excluding the transport of emigrants from this treatment. This is the ease in the Treaties of Commerce concluded between Germany and Italy on 31 October 1925 (Article 33), by Italy and the Netherlands on 28 June 1927, and by Hungary and Poland on 26 March 1925 (Article 12). Further agreements speeially relating to the transport of migrants sometimes base the rights granted with regard to these matters to the nationals of the contracting Party on the treatment accorded to nationals or to the most favoured nation. Provisions of this nature are frequently inserted in general treaties, especially in treaties of commerce and residence. Several treaties signed by Germany and Austria with some of the former Allied Powers especially will serve as examples of the first case; they grant to German or Austrian shipping companies the right already accorded by the Peace Treaties of 1919 to shipping companies of those Allied Powers. Indeed, the Peace Treaties concluded by the Allied Powers with Germany (Versailles) and Austria (St. Germain-en-Laye) provide that, with regard to the transport of passengers and of goods the nationals of the Allied or Associated Powers as well as their vessels shall enjoy in all German and Austrian 1 Czechoslovakia, Greece, Italy, Lithuania, the Serb-Croat-Slovene Kingdom and Spain reserved the right relating to emigration—mentioned in Article 12 of the Statute—at the time of signing the Convention, and Japan and the Netherlands at the time of ratification, Belgium when ratifying declared that her legislation imposed special obligations on all vessels transporting migrants. France when adhering to the Convention reserved the power to suspend the benefit of equal treatment with regard to the mercantile marine belonging to a State which, in virtue of the provision of Article 12, should cease to give equality of treatment in order to benefit its own marine. THE TRANSPORT OF MIGRANTS 49 ports and on the inland navigation routes of Germany and Austria the same treatment in all respects as German and Austrian nationals, vessels and property (Versailles, Article 327; St. Germain, Article 290). These Articles—supplemented by the provisions of Articles 321, 322, 367 and 368 of the Treaty of Versailles and Articles 284, 285, 314 and 315 of the Treaty of St. Germain relating to freedom of transit and especially free transit of migrants (cf. same Chapter, § 3)—^would actually make it possible for the shipping companies of the Allies to undertake the transport of migrants from the ports and through the territories of Germany and Austria. In the later treaties reciprocal undertakings are made. For instance. Article 35 of the Treaty of Commerce signed by Germany and France on 17 August 1927 stipulates that “the maritime organisations of one contracting Party effecting the transport of emigrants shall enjoy in the other country the same treatment in all respects as the national maritime organisations”. This equality of treatment applies especially to their emigration agencies, their vessels and to the emigrants which they transport, whatever their origin. Similar provisions are to be found in the protocol annexed to the Treaty of Commerce concluded by Germany and Great Britain on 2 December 1924 (Article 6), in the provisional Commercial Agreement concluded by Germany anã. the Belgo-Luxemburg Economic Union on 4 April 1925 (Article 12), and in the Treaty of Commerce concluded by Germany and Lithuania of 1 June 1923 (Article 21), the Treaty of Commerce concluded by Austria and France on 16 May 1928 (Article 29), etc. Other treaty provisions grant most-favoured-nation treatment to the contracting Party. Thus Article 11 of the Treaty of Commerce signed by the Belgo-Luxemburg Economic Union and Poland on 30 December 1922 stipulates that “emigration organisations recognised in one of the two countries shall enjoy in every respect in the territory of the other country the same rights as similar enterprises of the most favoured nation. They may appoint indifferently as their official representative a Belgian or a Polish national”. But, according to the same treaty, “emigration agents recognised in one of the two countries shall enjoy in the other, whatever may be the port of embarkation of the emigrants, the same treatment as regards authorisations, charges and other facilities as are accorded to the nationals of the country concerned”. Identical provisions are inserted in the Treaty of Commerce concluded between France and Poland on 9 December 1924 (Article 31). Most-favoured-nation treatment is granted in the same way to the emigration enterprises of the contracting nations by the Treaties of Commeree coneluded by the Belgo-Luxemburg Economic Union anã Czechoslovakia on 28 December 1925, by Denmark and Latvia on 3 November 1924, and by the Netherlands and Poland on 30 May 1924. But in the latter Treaty it is understood that “neither of the contracting Parties may invoke the most-favoured-nation principle for the purpose of claiming the designation of a particular port for the embarkation of emigrants in the deed of concession” (Final Protocol, Paragraph VlII). . Certain conventions have provisions relating to the transport of emigrants in transit. Article 23 of the Treaty of Commerce concluded by the Belgo-Luxemhurg Economic Union and Latvia, on 7 July 1927, stipulates that vessels, shipping companies or emigration organisations of eaeh contracting Party shall enjoy in the territories of the other Party most-favoured-nation treatment in all that concerns the recruitment and the transport of emigrants coming from their respective territories or having passed through it in transit and taking ship, either in a Belgian or a Latvian port. The same will hold true as regards the establishment of agencies by those companies or organisations. Article 16 of the Treaty of Commerce and Navigation concluded 4 50 TRANSPORT OF MIGRANTS AND THEIR PROPERTY between the Belgo-Luxemburg Economic Union and Czechoslovakia on 28 December 1925 contains more or less similar provisions. That concluded between the same Belgo-Luxemhurg Union and Germany on 4 -April 1925 accords national treatment under the same conditions. Other provisions grant the necessary authorisation for the carrying on of this transport trade. Generally the authorisation of the competent authorities in both countries is required. The exceptional situation of Danzig and Poland however has called into existence a special regime : in the Convention signed by Danzig and Poland on 9 November 1920 it is stated (Article 24, paragraph 2) that no shipping company or other organisation, company, or private person may engage in Danzig in any service of emigration or immigration from or to Poland without the authorisation of the Polish Government. Certain treaties merely indicate the agreement to be reached on this point. Thus the Treaties of Commerce and Navigation concluded between the BelgoLuxemburg Union and Estonia on 28 September 1926 and between Estonia and France on 7 January 1922 provided that the parties will subsequently negotiate an arrangement for their mutual protection, as regards emigration, from any measure or regulation likely to divert the normal traffic or prevent the normal recruiting of emigrants (Article 21). Sometimes agreements relating to the transport of emigrants are unilateral. For instance, the Treaty of Commerce between France and Latvia concluded on 16 February 1925 stipulates (Article 19, paragraph 3) that “French shipping companies shall have every facility for the transport of emigrants”. Certain treaties contain provisions concerning the embarkation of emigrants from one of the two contracting Parties at the ports of the other country. For instance, the Commercial Convention between Italy and Poland dated 12 May 1922 states in Article 16 that the Polish Government is prepared to facilitate the journey of its own emigrant nationals and that of emigrants in transit to Italian ports and also that of emigrants who are returning to their countries through these ports. The Polish Goveriunent agrees to the establishment by Italian navigation companies, in conformity with Polish legislation, of booking oflftces in Poland and to their carrying on their business there in respect of direct transport from Trieste to South American or Mediterranean ports. The Italian Government, on its part, promises to guarantee its protection to Polish emigrants on board its ships (see below). Similar provisions are inserted in the Consular Convention concluded by Albania and Italy on 29 February 1924 (Article 14). It should be observed moreover that, apart from international agreements between States, this trade of transporting migrants has given rise to contractual arrangements between Governments and foreign shipping companies granting concessions with regard to this transport (in this connection, cf. Volumes I and II, Chapter VII). THE TEANSPORT OF MIGRANTS 51 (h) Transport Conditions Some general treaty provisions concerning the transport of travellers are applicable to emigrants without specially referring to them. On the other hand, the transport conditions of emigrants are sometimes regulated by means of special agreements between the countries immediately concerned. General Provisions Such provisions apply more especially to transport by land and by air. As regards multilateral treaties, the provisions of certain conventions which were concluded under the auspices of the Railway Union at Berne should be noted, as well as those of some other conventions signed as a result of the Conferences held by the Organisation for Transit of the League of Nations. The Convention of 9 December 1923 on the International Regime of Railways, concluded as a result of the second Conference on Transit, laid down rules for that regime. The contracting States undertook to give reasonable facilities to international traffic and to apply to international traffic tariffs reasonable both as regards their amounts and the conditions of their application; they also undertook to refrain from all discrimination of an unfair nature directed against the other contracting States, their nationals or their vessels (Articles 4 and 20 of the Statute). The object of other multilateral conventions, concluded under the auspices of the Railway Union at Berne on 23 October 1924 and 20 June 1925, was to determine conditions with regard to passenger traffic and to railway journeys. With regard to aerial transport, a Convention was signed in Paris on 13 October 1919 dealing with the regulation of aerial navigation by the Allied and Associated Powers open to the adherence of States Members of the League of Nations. It lays down certain rules which may indirectly concern emigrants in their capacity as passengers. Article 19 declares that every aircraft engaged in international navigation if carrying passengers shall be provided with a list of their names (paragraph d). Article 21 states that upon the departure or on landing of an aircraft, the authorities of the country shall have, in all cases, the right to visit the aircraft and to verify all the documents with which it must be provided. Further annex (h) to the Convention contains provisions relating to special aerodromes termed “customs aerodromes”, to be designated by each country, from which aircraft going abroad shall be obliged to depart and where aircraft coming from abroad shall be forced to land (provision 1). Another provision deals with aerial transit (see § 3 of this Chapter). As instances of provisions in bilateral treaties relating to the transport of passengers, those contained in the Railway Agreement concluded between Germany and the Union of Socialist Soviet Republics on 12 October 1925 may be mentioned. Article 2 of that Agreement declares that in the case of the conveyance of passengers and baggage by rail no distinction shall be 52 TRANSPORT OF MIGRANTS AND THEIR PROPERTY made between the inhabitants of the territories of the contracting Parties as regards conditions of forwarding, transport charges or public taxes in connection with transport. The same formula is to be found in the Treaty of Commerce concluded between Germany and Italy on 31 October 1925 (Article 22) and there are similar formulae in many other general treaties. Special treaties relating to transport of passengers by specified routes were concluded between Finland and Russia on 14 December 1921, by Poland and Russia on 24 April 1924, etc. Provisions Specially Relating to Migrants International agreements, especially those relating to the recruitment of labour, or the model agreements annexed to them, or again labour and emigration treaties, sometimes lay down conditions which must be observed during the voyage and particularly those which concern workers recruited in virtue of such agreements. An analysis of these provisions will be found in Chapter VII, § 1 and § 2. Some provisions relate to the share of the travelling expenses to be borne—sometimes by the worker (with or without advances from his employer), as in the Franco-Czechoslovakian Agreement of 28 May 1926; sometimes by the employer, as in the AustroCzechoslovakian Agreement of 1925; or by one or other of them by agreement betw^een the persons concerned, as in the Recruiting Agreement of 1926 between France and Austria; or by the Government of the country where these workers will be employed, as in the Agreement concluded between the Brazilian State of Sao Paulo and Poland on 19 February 1927, which also contains stipulations relating to the various transport conditions referred to below. These treaties sometimes indicate certain shipping companies as being exclusively authorised to carry emigrants; for instance the Treaty of Recruitment of 1914 between Liberia and the Spanish colony of Fernando Po lays down that these companies are to be Spanish. Conditions to be observed during the voyage are also often regulated by the legislation of the countries concerned, both as regards the equipment of ships and the application of national legislation in this respect ( Germany-Bussia, Maritime Agreement of 12 October 1925, Article 10), and as regards the treatment of emigrants at recruiting centres, ports of arrival or ports of call {Franco-Polish Protocol of 3-20 February ,1925). THE TRANSPORT OF MIGRANTS 53 Often special provisions are inserted with regard to women and children (see especially the second of these texts). As far as workers recruited collectively are concerned, treaties often stipulate that they shall be escorted during the voyage by arrangement of the competent authority of one or other of the two countries {Germany-CzechoslovaJda, 11 May 1928). (c) Inspection and Protection of Migrants on Board Ship It was explained in Chapter IX of Volumes I and II that Governments of emigration countries, and even those of countries of immigration, often appoint an inspector in conformity with legislative provisions or with transportation concessions made with shipping companies. This officer is charged with the supervision of the tréatment accorded to emigrants on board ship, and acts on their behalf should such treatment give rise to any complaints. Male and female assistants and health officers are often appointed as well, so that practical assistance may be given to migrants. Agreements dealing with inspection on board ship aim at extending the protection and assistance given on board ship by the one State to migrants from the other contracting Party. A special agreement was concluded on 25 November 1925 between Spain and Italy called “Agreement concerning the Co-operation of their respective Emigration Services for the Protection and Assistance of Emigrants during the Journey”. In this Agreement each contracting Party undertakes to ensure to emigrants or repatriated persons of the other Party travelling on vessels flying its flag and authorised to carry emigrants, the same protection and assistance as is given to its own emigrants. Italian vessels embarking not more than fifty Spanish emigrants need not have on board a Spanish doctor and auxiliary health staff, provided there is an interpreter oh board. The same holds good with regard to Italian emigrants on board Spanish vessels. The Royal Italian Commissioner on board Italian vessels and the Spanish Emigration Inspector on Spanish vessels are not only to give the same assistance to the emigrants of the other country as that accorded to national emigrants, but must see to it that laws and regulations of the other country and the conditions of the transport contract are observed and must present a report on travelling conditions to the competent authorities of the other country. According to the terms of the Convention, when an Italian vessel authorised to carry Spanish emigrants in accordance with Spanish law embarks a Spanish Emigration Inspector, it is understood that the said Inspector shall not perform during the voyage duties which might constitute an interference with those allotted by Italian law and regulations to the Royal Italian Commissioner on hoard the same vessel. 54 TEANSPOET OF MIGEANTS AND THEIB PEOPEETY Provisions tending to establish similar co-operation are to be found in several treaties of commerce : The final protocol of the Commercial Treaty signed by the Belgo-Luxemburg Economic Union and Poland, on 30 December 1922, declares that the Belgian Government, in conformity with Belgian emigration law, will accord to Polish emigrants, both in the Kingdom itself and on vessels conveying such emigrants, the same protection which it accords to Belgian emigrants. It further undertakes that each vessel which calls at the port of Antwerp and has Polish emigrants on board shall carry an interpreter approved by the Belgian emigration authorities. The Commercial Treaty concluded between Italy and Poland on 12 May 1922 (Article 16), and the Consular Convention concluded by Albania and Italy on 29 February 1924 (Article 14) contain a stipulation to the effect that the Italian Government assumes the obligations referred to above with regard to Polish and Albanian emigrants. In Article 2 of the Treaty of Commerce and Navigation of 26 November 1923, Great Britain assumes the obligation toward Poland to grant to Polish emigrants in transit through British territories or transported in British vessels the same protection as that accorded by existing legislation to British emigrants. With regard to multilateral agreements, two decisions were taken at the Eighth Session of the International Labour Conferrence (Geneva, 1926) on the subject of the protection of emigrants during transportation : one in the form of a Draft Convention and the other in that of a Recommendation. The Draft Convention is concerned with the simplification of the inspection of emigrants on board ship. Its most important provisions are as follows : “For the purposes of application of this Convention the terms ‘emigrant vessel’ and ‘emigrant’ shall be defined for each country by the competent authority in that country. “Each Member which ratifies the Convention undertakes to accept the principle that, save as hereinafter provided, the official inspection carried out on board an emigrant vessel for the protection of emigrants shall be undertaken by not more than one Government. Nothing in this Article shall prevent another Government from occasionally and at their own expense placing a representative on board to accompany their nationals carried as emigrants in the capacity of observer, and on condition that he shall not encroach upon the duties of the official inspector. “If an official inspector of emigrants is placed on board an emigrant vessel, he shall be appointed as a general rule by the Government of the country whose flag the vessel flies. Such inspector may, however, be appointed by another Government in virtue of an agreement between the Government of the country whose flag the vessel flies and one or more other Governments whose nationals are carried as emigrants on board the vessel. “The practical experience and the necessary professional and moral qualiflcations required of an official inspector shall be determined by the Government responsible for his appointment. “An official inspector may not be in any way either directly or indirectly connected with or dependent upon the shipowner or shipping company. THE TRANSPORT OF MIGRANTS 55 “Nothing in this Article shall prevent a Government from appointing the ship’s doctor as official inspector by way of exception and in case of absolute necessity. * “The official inspector shall ensure the observance of the rights which emigrants possess under the laws of the country whose fiag the vessel flies, or such other law as is applicable or under international agreements, or the terms of their contracts of transportation. “The Government of the country whose flag the vessel flies shall communicate to the official inspector, irrespective of his nationality, the text of any laws or regulations affecting the condition of emigrants which may be in force, and of any international agreements or any contracts relating to the matter which have been communicated to such Government. “The authority of the master on board the vessel is not limited by this Convention. The official inspector shall in no way encroach upon the master’s authority on board, and shall concern himself solely with ensuring the enforcement of the laws, regulations, agreements or contracts directly concerning the protection and welfare of the emigrants on board. “Within eight days after the arrival of the vessel at its port of destination the official inspector shall make a report to the Government of the country whose flag the vessel flies, which Government shall transmit a copy of the report to the other Governments concerned, where sueh Governments have previously requested that this shall be done. A copy of this report shall be transmitted to the master of the vessel by the official inspector.” The Recommendation of the same Conference concerns the protection of emigrant women and girls on board ship. Its terms are as follows : “Where fifteen or more women or girls unaccompanied by a responsible person are carried as emigrants on board an emigrant vessel, a properly qualified woman who has no other duty to fulfil on board shall be appointed to give such emigrants any material or moral assistance of which they may stand in need without in any way encroaching upoii the authority of the master of the vessel. She shall report to the authority making the appointment and her report shall be available for the use of the Governments which may be concerned.” (d) Insurance of Emigrants on Board Ship Since 1914 the possibility of drafting a general convention with regard to the obligatory insurance of emigrants against the risks of transportation by sea has been examined. At that time the British and Italian Governments brought forward a proposal dealing with the question at the diplomatic Maritime Conference. As the preliminary discussions revealed the difficulty of deciding on an international definition of the term “emigrant”, and as it was felt that the moment was opportune for covering the general risks of transport, the suggestion was made to make insuranee obligatory for all .passengers. The International Maritime Committee was entrusted with the examination of this new aspect of the question, and it was discussed at the fourteenth Maritime 56 TRANSPORT OF MIGRANTS AND THEIR PROPERTY Conference held at Gothenburg in the month of August 1924, at the fifteenth Conference held at Genoa in September 1925, and at the sixteenth held at Amsterdam in 1927. At this last session a decision was taken to refer the question for study to a special Committee, which has not yet completed its labours. § 3.—Migrants in Transit Until recently the question of the transit of migrants wa» generally left to be regulated by the legislation of countries whose territories were crossed by migrants. Provisions of this kind tended to become more and more one-sided as a result of the difficulties arising after the world war. Sinee the restoration of peace attempts have been made to renew former relations and to establish even closer contact than before the war. Thus different types of agreements have now been concluded in order to facilitate the passage of migrants across the territories of States through which they may have to pass in travelling from the place of departure to the country of destination. Emigrants who travel to an oversea country on a vessel flying the flag of a third nation may be considered as emigrants in transit as well. Agreements regulating their transport and the supervision exercised over their treatment on board ship have been analysed in the previous section (transport), particularly in subsection (a) (transport undertakings) and (c) (inspection on board ship). Among provisions to be noted, relating to transit as such,, those which concern migrants in particular may be distinguished from those concerning all passengers in transit. (a) Provisions with regard to Passengers in General The first General Conference convened by the Permanent Organisation for Communications and Transit of the League of Nations, which met at Barcelona from 10 March to 20 April 1921, specially dealt with the question of the transit of passengers. As a result of that Conference, the plenipotentiaries of the thirty-four States represented signed a multilateral Convention which included a “Statute on Freedom of Transit”. MIGRANTS IN TRANSIT 57 According to Article 1 of this Statute, persons, baggage and goods, and also vessels, coaching and goods stock and pther means of transport, are deemed to be in transit across territory under the sovereignty or authority of one of the contracting States, when the passage across such territory, with or without transhipment, is only a portion of a complete journey, beginning and terminating beyond the frontier of the State across whose territory the transit takes place. The measures taken by the contracting States are to facilitate free transit by rail or waterway on routes in use, convenient for international transit. No distinction is to be made which is based on the nationality of persons, the flag of vessels, the place of origin, departure, entry, exit or destination. In order to ensure the application of the provisions of the Article, contracting States are to allow transit in accordance with the customary conditions and reserves across their territorial waters. The Statute further provides that the rate of any dues that may be levied on persons or goods in transit is not to exceed the expenses of supervision and administration entailed by sueh transit. They must be imposed under the conditions of equality laid down in the preceding Article, except that in certain cases they may be reduced or even abolished. Equitable tariffs are to be applied on routes administered by the State or under concession tariffs so fixed as to facilitate international traffic. No charges, facilities or restrictions are to depend, directly or indirectly, on the nationality or ownership of the vessel or other means of transport on which any part of the complete journey has been or is to be accomplished. The provisions of the Statute are to be applicable only to contracting States; nevertheless, when a valid reason is shown for the transit of nationals of a non-contracting State by one of the contracting States concerned in the matter, the facilities mentioned in the Statute can be made to apply (Articles 1-4). On the other hand, certain stipulations of the Statute lay down reservations with regard to the facilities granted. The reservations made in Article 5 seem to be aimed specially at undesirable emigrants. They lay down that no State shall be bound to afford transit for passengers whose admission into its territories is prohibited on grounds of public health or security. “Each contracting State shall be entitled to take reasonable precautions to ensure that persons and baggage, etc., are really in transit, as well as to ensure that passengers in transit are in a position to complete their journey, and to prevent the safety of the routes and means of communication being endangered”. Further, Article 7 provides for deviation from the provisions in exceptional cases (emergencies affecting the safety of the State or the vital interests of the country), it being understood that the principle of freedom of transit must be observed to the utmost possible extent. These provisions have been repeated or elaborated in the various multilateral conventions establishing the regime of routes of international importance. Article 8 of the Statute on the Regime of Navigable Waterways of International Concern may be mentioned, which was instituted by the General Convention concluded on the same date (20 April 1921), also Article 30 of the Statute on the International Railway Regime, instituted by the multilateral Convention of 9 December 1923 passed at the second General Conference of the Organisation for Communications and Transit. Another multilateral Convention on the International Regime of Sea Ports (9 December 1923) lays down the same reservation in Article 7, relating to the transit of passengers whose admittance to the territory is prohibited, adding that every contracting State has a right to take general police measures, including police control of emigrants entering or leaving the territory. It has been seen in the previous section that the multilateral Convention of 13 October 1919 for the regulation of aerial navigation contains a provision 58 TRANSPORT OF MIGRANTS AND THEIR PROPERTY on aerial transit. This Convention authorises aircraft, which to reach their destination must fly over one or more contracting States, to follow their normal route without landing if they neither set down nor take up passengers or goods ; in other cases they must land at a prescribed aerodrome entered in their log book (Annex H, provision 12). Plurilateral agreements affecting the interests of a more limited number of countries aim at the granting of similar facilities for the transit of travellers in certain zones. This is the case with regard to the Convention instituting the Definite Statute of the Danube, the conclusion of which (23 July 1921) followed on the signing of the General Convention on the Regime of Navigable Waterways of International Coneern referred to above. It institutes the same regime of free transit for vessels and passengers on the internationalised waterway of the Danube, and no customs duties or dues can be based solely on the fact of transit (Articles 22 and 23 of the Statute). The same is the case with regard to the Convention concerning the Regime of the Straits (communication between the Black Sea and the Mediterranean) signed at Lausanne on 24 July 1923. These multilateral conventions, especially the Barcelona Convention instituting the Statute on Freedom of Transit, have influenced the conclusion of numerous bilateral agreements. States concluding a treaty, and particularly a commercial treaty, before the Convention had come into force and even efter, where one or other of the Parties had not yet adhered to it, frequently entered into a general agreement between themselves to apply the provisions of the Convention and of the Statute on Freedom of Transit in their relations with each other (for instance, the Commercial Treaties of 23 April 1925 (Article 17) between Czechoslovakia and Poland ; of 4 January 1927 (Article 11) between Estonia and Greece; of 18 December 1926 (Article 12) between Finland and Greece; of 29 May 1925 (Article 12) between Finland and Hungary ; of 17 August 1927 (Article 29) between Germany and France; of 14 May 1926 (Article 9) between Germany and Sweden, etc. Some alterations should be noted, however, either in the direction of extending the facilities conceded or in that of restricting them. There are, for example, the treaties signed by Germany and Sweden (14 May 1926) or those concluded between Hungary and Finland (29 May 1925), which guarantee most-favoured-nation treatment in applying the provisions of the Convention on Freedom of Transit; on the other hand. Article 17 of the treaty between Poland and Czechoslovakia (23 April 1925) lays down that “the two contracting Parties, taking into consideration their geographical situation, undertake mutually, in connection with transport to their countries, to ensure the freedom of communications and transit established by the Statute of Barcelona, in such a way that the contracting Parties shall not invoke Article 7 in the event of political tension, and that the said freedom of communications and transit shall subsist even in time of war, it being understood, however, that these measures shall not conflict with their rights and duties as Members of the League of Nations”. Other bilateral agreements do not refer to the Barcelona Convention, but nevertheless contain provisions which also MIGRANTS IN TRANSIT 59 aim at facilitating the transit of their nationals by the most appropriate routes described with greater or less precision. Most of these agreements make reservations with regard to persons whose admission is prohibited and tç the application of emigration or immigration regulations. Such provisions are encountered in the following commercial treaties : Auslria-Rumania, 14 August 1921 (Articles 3 and 6); AustriaCzechoslovakia, 4 May 1921 (Articles); Be^o-Luxemburg Union and Poland, 30 December 1922 (Article 9); Bulgaria-Poland, 29 April 1925 (Articles 9 and 10); Czechoslovakia-Latvia, 7 October 1922 (Articles 13, 14 and 18); Czechoshvakia-Rumania, 23 April 1921 (Article 6); Finland-United Kingdom of Great Britain and Ireland, 14 December 1923 (Article 11); GermanyGreat Britain, 2 December 1924 (Article 6 of the Protocol annexed) ; Germany-Serb-CroatSlovene Kingdom, 5 December 1921 (Article 8); Hungary-United States, 24 June 1925 (Article 13); Latvia-United Kingdom of Great Britain and Ireland, 22 June 1923 (Article 13); Latvia-Norway, 14 August 1924 (Article 10); Norway-Siam, 16 July 1926; The Nether lands-Poland, 30 May 1924 (Article 10); Poland-Switzerland, 26 June 1922 (Article 10), etc. The frequent use of the most-favoured-nation clause in matters of transit, both with regard to passengers and to goods, should be noted. A few of these treaties contain some noteworthy reservations, such as the Treaty between the United States and Hungary, which excludes transit through the Panama Canal and through the navigable waterways of the canals forming the United States frontier from the scope of its provisions, and the treaty between Bulgaria and Poland, to which a protocol is annexed to the effect that the facilities granted to persons in transit shall be suspended so long as the frontier between Poland and an adjacent country remains closed. Other general treaties contain provisions dealing specially with the exemption of passengers in transit from taxes imposed on persons entering or leaving a country. For instance the Commercial Treaty of Navigation by River between Bolivia and Brazil of 12 August 1910 exempts passengers for Bolivia from taxes levied on persons entering and leaving, if they take ship or land at Corumba (Article 38) ; the Treaty between Panama and the United States of 28 July 1926 prohibits the imposition of any charge whatever on persons proceeding from Panama to the Canal Zone or vice versa, but at the same time stipulates that this clause is not to prejudice Panama’s right of controlling immigration (Article 6). A considerable number of special treaties must also be mentioned which prescribe a fixed transit route. They are often one-sided agreements with regard to the rights and obligations created, as their object is, either to provide an outlet to the sea for one of the contracting Parties having no sueh access or insufficient access, or else to establish direet relations between territories which have a special interest in being connected. These agreements contain provisions which have special reference to such transit conditions. 60 TRANSPORT OF MIGRANTS AND THEIR PROPERTY Without analysing them in detail reference should be made to the numerous agreements concluded by Germany, Poland and Danzig both to define the provisions of the Treaty of Versailles relating to free Polish transit across the German territory on the right bank of the Vistula, and to establish Germany’s right to free transit between East Prussia and the rest of Germany, both ordinary transit and privileged transit, that is to say, transit in special through trains that neither stop nor allow of any communication with the country outside during the journey (Treaties of 21 April 1921,15 May 1922, 24 June 1922,15 July 1922,10 July 1923). The Convention of 15 March 1921 between Belgium and Great Britain should also be noted ; it aims at facilitating Belgian traffic (Congo and Ruanda-Urundi) across the territory and the territorial waters of the neighbouring British possessions ; those between Greece and the Serb-Croat-Slovene Kingdom of 10 May 1923 to regulate Yugoslav transit by the Salónica route, the Nettuno agreement of 20 July 1925 which regulates Yugoslav transit by the port of Fiume, etc. An agreement between Finland and Norway dated 28 April 1924 deals with passenger traffic on the Pasvik (Patsjoki) and on the Jakoleselv (Vuoremajoki). An example of another type of transit agreement is that concluded between Finland and Russia on 28 October 1922 with regard to the free passage of Russian nationals proceeding to Norway across the Finnish territory of Petsama. The provisions of the Convention are very varied, and among other matters contain regulations as to the institution of travelling permits, the erection of shelters for the use of Russians in transit at the expense of Finland, the upkeep of existing roads by Finland, the Russian right to construct other roads, the conditions of aerial transit, etc. Some agreements do not deal with prescribed transit routes, but with particular classes of persons in transit. Thus by an exchange of notes dated 24 and 28 March 1877, Austria and Italy regulated the transport across their respective territories of individuals, nationals of a third State, deported by one of the States ; the provisions of this agreement were put into force on 15 January 1921. A declaration signed by Denmark, Norway, and Sweden on 28 May 1919 has the same object. The transit of deported aliens is also regulated in the Residence Treaties of 17 December 1904 between Germany and the Netherlands (Article 13) and of 13 November 1909 between Germany and Switzerland (Article 19). These agreements provide that passage through the country is authorised only if an assurance is given that the deported person will be admitted into the country of origin; the country which deports him undertakes to readmit the individual in question if he should be prevented from continuing his journey; the expenses incurred in transit must be paid by the country which deports the alien. (h) Provisions Relating Specially to the Transit OF Migrants In paragraph 2 of this chapter an analysis is made of certain bilateral treaties concerned with the embarkation of emigrants of one of the contracting Parties at the ports of the other Party or of a third Party and with their transport by the shipping MIGRANTS IN TRANSIT 61 companies of such a State h All these treaties contain a clause in which the Parties promise to facilitate the journey of emigrants in transit who are travelling towards a port of embarkation or returning to their country by way of the same port. Some of these treaties, eoncluded by Germany and Austria with several of the Powers who signed the Peace Treaties of 1919, aim at restoring the reciprocal enjoyment of eertain advantages with regard to the transit of emigrants, which Germany and Austria under the Treaties of Versailles and St. Germain were forced to grant to the Allies. The Treaty of Versailles in faet, side by side with some general provisions dealing with freedom of international transit across the German territory by land or water (Article 821) or air (Articles 314 and 315), eontains a clause in Article 322 to the effect that Germany undertakes “neither to impose nor to maintain any control over transmigration traffic through her territories beyond measures necessary to ensure that passengers are bona fide in transit ; nor to allow any shipping company or any other private body, corporation or person interested in the traffic to take any part whatever in, or to exercise any direct or indirect influence over, any administrative service that may be necessary for this purpose”. Articles 367 and 368 of the same Treaty of Peace, the terms of which bind Germany, at the request of the Allied and Associated Powers, to ensure their communication by rail with each other and with all other countries by transit across the territories of Germany. They also particularly specify that the tariffs applicable under the same conditions of speed and comfort to the transportation of emigrants going to or coming from ports of the Allied and Associated Powers and using the German railways shall not be at a higher kilometric rate than the most favourable tariff (drawbacks and rebates being taken into account) enjoyed on those railways by emigrants going to or coming from any other ports. Germany undertakes not to apply specially to such through services, or to the transportation of emigrants going to or coming from the ports of the Allied and Associated Powers, any technical, fiscal or administrative measures, such as measures of customs examination, general police, sanitary police, and control, the result of which would be to impede or delay such services. Similar obligations were imposed on Austria by Articles 285, 3Ï4 and 315 of the Treaty of St. Germain. Among bilateral agreements relating to the transit of emigrants the treaties concluded by the Argentine Republic with France, Great Britain and the United States, on 10 July 1853 and with Brazil on 20 November 1857 “for free navigation on the rivers Paraná and Uruguay” may be mentioned. It is stated in these treaties that one of the principal objects in throwing open the rivers Paraná and Uruguay to the commerce of the world has been the development of commercial relations with the riparian States and the encouragement of immigration. On the other hand, treaties eoncluded between two powers sometimes regulate the transit of migrants, nationals of a third State, who enter the territory of one of the contracting Parties Í Treaties between Germany and Belgium, Germany and France, Germany and Italy, Germany and lÁthuania, between Belgium and Latvia, Belgium and Poland, Belgium and Czechoslovakia ; between Italy and Albania, Italy and Poland, Italy and Czechoslovakia (see p. 48*50). 62 TUANSPOKT OF MIGRANTS AND THEIR PROPERTY either for the purpose of engaging in work in that country or of taking ship in one of its ports. An example of the first case is the protocol relating to emigrant workers which is annexed to the Additional Agreement to the Austro-Hungarian Treaty of Commerce signed on 9 April 1926, in which Austria provides easy transit across Hungary for the agricultural labourers she recruits in different Central European States. The protocol provides that the transit of migrants, nationals of th ird countries, across the territory of one of the Parties will form the subject of a special agreement in so far as they are obliged to cross the territory of the other contracting Party. The Commercial Treaty of 4 May 1921 between Austria and Czechoslovakia stipulates in Article 22, paragraph 5, that migrant labourers from third States travelling to the territory of one of the Contracting States, who are obliged to cross the territory of the other Contracting State, shall be granted the most ample facilities, both as regards the through journey and the crossing of the frontier. The competent central authorities of both Parties shall come to an agreement upon any specific regulations which may be required, more especially in regard to health questions and passport control. As an example of the second case, the additional protocol annexed to the agreement relating to maritime traffic by Trieste may be cited. It was concluded on 21 December 1922 between Italy and Czechoslovakia, and provides that the fee for Polish passjxürt visas for transit across Czechoslovakia shall be reduced to a minimum in order to permit of the transit of Polish emigrants travelling to Italian ports and particularly to that of Trieste, or returning from those ports, on a reciprocal basis. The “Agreement concerning workmen” concluded at Nettuno on 20 July 1925, by Italy and the Serb-Croat-Slovene Kingdom, deals with these two questions of transit. The contracting Parties undertake to facilitate the passage across their territory of workers and employees of all kinds who are subjects of the other Party and who are proceeding to a European country for purposes of employment, or who are going to the ports of their territory to embark there, or who are returning home from those ports. In particular, they undertake to reduce the fee for the transit visa on the passports of these transmigrants to 1 gold franc, to ensure the transport without interruption and as rapidly as possible, to simplify the customs formalities and the health measures at the frontier, in view of the health precautions which are taken in the ports of embarkation. Moreover, an undertaking is given that the same treatment will be granted to them as to emigrants transported under the national flag. To facilitate the transit of emigrants, international agreements have been or are being concluded for the adoption of a special card for emigrants in transit. An agreement was concluded between Belgium and France for this special purpose on 27 January 1926. According to its terms, the French and Belgian Governments, in order to simplify transit formalities for emigrants passing through their respective territories, undertake to recognise the validity for this purpose of transit cards issued to such emigrants by the authorities of either country or by emigration agents or companies licensed by the authorities to recruit and transport emigrants and to issue such cards. The cards must be furnished to emigrants free of cost and they exempt them from the consular visa. On the other hand, the State in whose territory the port of embarkation is situated undertakes as a result of this arrangement to force emigration agents and shipping companies, licensed on its territory, to defray the costs which may be caused to the other State through emigrants MIGRANTS IN TRANSIT 63 being abandoned or losing their way during transit or through their being rejected by the country of destination. Agents and companies are specially liable to this responsibility where the emigrant in question does not possess a ticket, where during the journey overland in transit he has no visible means of support and becomes a public charge, or where he does not fulfil the conditions as regards health, morals, etc., prescribed by the regulations of the country of destination and the countries of transit. The emigration services of both countries must come to an agreement with regard to the assistance which they shall afford to each other in order to force the agents and companies that have issued cards to carry out their obligations. The two Governments at the end of each year will furnish each other with a list of emigration agents and companies authorised on their respective territories to recruit and transport emigrants, as well as with all modifications made in those lists. They will also submit to each other the type of transit card for emigrants in use in their territories. Similar administrative measures taken by Great Britain and the Netherlands also facilitate the transit of migrants in those countries pn the responsibility of the companies who transport them. Negotiations have been begun with a view to making the adoption of transit cards for migrants universal. As a result of a resolution passed by the third General Conference on Communications and Transit, the question was laid before the Advisory and Technical Committee for Communications and Transit, which referred the matter to a special committee of experts for study. The report of this Committee has formed the subject of a special communication to Governments as a result of a decision taken at the tenth session of the Committee (March 1927) ^ An international Draft Convention has been drawn up, the provisions of which are inspired by the PrancoBelgian agreement cited above and a model international transit card drafted, to be used by the contracting States In September 1928 the following countries notified the Organisation for Transit that they accepted ih principle the conelusion of such an international agreement : Austria, Belgium, Bulgaria, Denmark, Estonia, France, Great Britain, Hungary, the Serb-Croat-Slovene Kingdom and Spain “. 1 Of. League op Nations : Document C. 212M. 98. 1927, VIII. C.C.T. Tenth Session, P.V., pp. 126-127. 2 Of. Idem, Advisory and Technical Committee por Communications and Transit ; Document C.C.T. 307. (VIII. Transit 1927. VIII-4.) 3 On 21 Feb. 1927 the Committee o£ Experts on Questions relating to Transit Cards for Emigrants drew up a revised text of the international Draft Convention referred to above. According to the new text, the transit cards—by holding which emigrants leaving Europe for oversea countries will he dispensed from the necessity of obtaining a consular visa—will be delivered free of charge by the shipping companies to emigrants holding a ticket for the complete voyage from the point of departure to the country of immigration, fulfilling the conditions of admission demanded by the country of Immigration and the country of transit, and having sufflcient means to support themselves during the journey. The transit card may also be delivered to an emigrant who is compelled to return to his place of departure during the journey or when landing in the Immigration country. The transit cards will be drawn up on a model adopted at the same time as the agreement, and a central body will be responsible for printing them. This body must be notified regularly by each of the contracting States of the shipping companies which are authorised in their respective territories to enrol and transport emigrants from their ports; the Governments of transit countries which have serious reasons for depriving a foreign shipping company of the use of the transit card m their territory Inform the same central body of this fact, stating the reasons for their decision. The central body Informs the Government of the country to which the said company belongs. The Governments must assist in ensuring that the engagements contracted by the companies authorised to use the transit card are respected. Every contracting State will have 64 TRANSPORT OF MIGRANTS AND THEIR PROPERTY § 4.—Public Health Measures which Affect Migrants Multilateral or bilateral conventions relating to public health often react profoundly on the conditions under which emigration and immigration take place. These conventions deal with the transmission of information relating to the outbreaks of serious epidemics of which they keep a record, and with the measures of control which are taken to prevent their spread, in particular with the disinfection of means of transport and with the conditions under which medical control of passengers is exereised at land and sea frontier stations. Consequently, sueh measures may even go as far as to result in the temporary prohibition of emigration and immigration. These conventions do not generally refer to emigrants as such but rather to travellers as a whole. Nevertheless several of them provide for speeial measures to be taken with regard to different elasses of persons, among which emigrants are included expressly or by implication. The most comprehensive agreement in this respect is the recent multilateral Sanitary Convention signed in Paris on 21 June 1926 by seventy-two States, for it is concerned both with transoceanic and with continental emigration. This Convention replaces, as between States that ratify it or adhere to it, the old Sanitary Conventions of 19 March 1897 and 17 January 1912. It lays down detailed preventive health measures to be taken by countries of emigration as well as by countries of immigration and of transit. Section III is devoted to “Provisions relating to Emigrants”. Article 21.—^The sanitary authority in a country of emigration shall subject its emigrants to a medical examination before their departure. It is recommended that special arrangements should be made between countries of emigration, of transit and of immigration, with a view to laying down the conditions under which this examination shall be considered satisfactory by them, so that rejections on medical grounds at the frontiers of countries of transit and of destination may be reduced to the fewest possible. It is also recommended that these arrangements should lay down the preventive measures against infectious diseases to which emigrants should be submitted in the country of departure. the right to remove from its territory any person in possession of a transit card staying therein without authorisation; the shipping companies which issue the card wül in this caso be held responsible for all expenditure incurred under this head. Finally provision is made for a system of arbitration to settle disputes concerning the interpretation or application of the arrar^ement. (League of Nations, Advisory and Technical Committee for Communications and Transit, 21 Feb. 1929 : Document C.C.T./C.T./4.) PUBLIC HEALTH MEASURES WHICH AFFECT MIGRANTS 65 Article 22.—It is recommended that towns or ports of embarkation for emigrants should be provided with an adequate health and sanitary administration and in particular : (1) a service for medical examination and treatment, as well as the necessary sanitary and prophylactic equipment; (2) an establishment supervised by the State, where emigrants may be subjected to health formalities, be housed temporarily, undergo all necessary medical examinations and have their food and drink supplies examined; (3) premises situated at the port where medical examinations at the actual time of embarkation may be made. Article 23.—It is recommended that emigrant ships should be provided with a sufficient quantity of vaccines (anti-smallpox, anti-cholera, etc.) in order to permit, if necessary, of vaccinations during the voyage. It may be recalled that the American countries adopted at the seventh Pan-American Sanitary Conference (Havana, 1924) a Sanitary Code, the provisions of which regulate the health supervision of migrants and of other passengers. With regard to overland traffic in particular, some conventions merely specify that similar precautions may be applied to passengers travelling in groups or in large companies under insanitary conditions (CzechoslovakiaPoland, 5 September 1925 (Article 13); Poland-Rumania, 20 December 1922 (Article 13); Polarid-Bussian Socialist Federal Soviet Republic and the Socialist Soviet Republics of the Ukraine and of White Russia, 7 February 1923). Others make a point of stating that migrants must be classed among passengers over which special watch has to be kept. This is the case especially as regards the multilateral Conventions of 19 March 1897 and 17 January 1912. Finally, some conventions lay down particularly strict measures to be applied to emigrants. The following formula which occurs in several recent bilateral treaties is characteristic. “The contracting Parties reserve the right to apply to certain classes of passengers . . . seasonal labourers, fugitives, immigrants, emigrants leaving the country or returning to their homes, and persons travelling in large groups and crossing the frontier under unsatisfactory sanitary conditions, any special measures which they may deem essential such as : isolation of sick persons and those who have come into contact with them, disinfection and delousing of persons and baggage, bacteriological examination of passengers, vaccination haircut-, ting, etc.” (Estonia-Latvia, 24 June 1922 (Article 26); Germany-Latvia, 9 July 1926 (Article 15); Latoia-Poland, 7 July 1922 (Article 14); LatviaRussian Socialist Federal Soviet Republic and the Socialist Soviet Republics of the Ukraine and of White Russia, 24 June 1922 (Article 26). Sanitary conventions also contain provisions with regard to the disinfection of trains and of vessels which are suspected of contagion. As far as sanitary control of vessels is concerned, it is to be noted that several conventions make special mention of the supervision of emigrant ships. The Sanitary Convention concluded by the Argentine Republic, Brazil and Uruguay on 25 November 1887 may be mentioned for instance. It determined methods of inspection and isolation to be applied at the ports of those countries with regard to suspected vessels arriving from abroad, and specified the measures to be taken with regard to vessels conveying emigrants, that is to say, steamers with more than 100 steerage passengers on board. Quite often conventions merely stipulate that more elaborate precautions are to be taken, either with regard to third-class passengers or to “overcrowded vessels”. Nevertheless, emigrant vessels are not always included in this definition. Thus Article 16 of the Sanitary Convention concluded by the Argentine Republic and Italy on 17 August 1912 and by Italy and Uruguay on 4 May 1914, states that “the two Governments reserve the right to adopt special measures with regard to vessels with unsatisfactory sanitary conditions or which are overcrowded, but emigrant vessels coming from an Italian port and having a Royal Commissioner for Emigration on board cannot be classed as overcrowded if they are equipped with the arrangements prescribed by the Italian and Argentine (Uruguayan) migration laws and . 5 66 TKANSPOET OF JUGEANTS AND THEIE PEOPEETY with sufficient apparatus for disinfection and if the number of emigrants on board does not exceed the maximum laid down by these laws”. Agreements, moreover, which control the sanitary condition of passengers and particularly of emigrants before the departure of the ship should be borne in mind. Reference to these was made in § 1. § 5.—Repatriation In connection with the subject of national regulations (Chapter X of Volumes I and II) reference was made to the fact that emigrants who return to their country of origin do so as a rule spontaneously and of their own free will without any regulations intervening. As treaties, like laws, make regulations with regard to repatriation in special cases, the following cases will be distinguished, as in the preceding volumes (a) immediate repatriation following rejection; (b) repatriation of settled emigrants who are deported; (c) repatriation of recruited labourers either under the terms of their contracts or where a contract has been broken; (d) repatriation of destitute persons. (a) Repateiation Following Rejection Treaties hardly ever deal with this question as it is generally regulated in great detail by law, especially in the case of oversea migrants, where the expense is generally charged to the shipping company which transported the rejected migrant. But a few provisions on this subject are to be found in general agreements relating to continental migration. Residence treaties sometimes reserve the right of the contracting Parties to refuse admission to their territories of certain classes of persons which they judge to be undesirable. For instance, the Residence Treaty concluded between Germany and the Netherlands on 17 December 1904 stipulates in Article 12 that each contracting Party has a right to return to the territory of the other Party—^without having to conform to the procedure with regard to such return laid down by the same treaty (see below, subsection b), the nationals of the other Party or persons who are nationals of a third Party, who cannot produce the documents required for entry into the country, or who are persons liable to deportation, if these persons have travelled by rail from the territory of the one Party to the territory of the other Party and have been stopped at the frontier station. The same provision has been inserted into the Germano-Swiss Residence Treaty of 13 November 1909. * REPATRIATION 67 Further treaties regulating the migration of labourers and the model contracts which are sometimes annexed to them often make provision for cases where the workers engaged fail to pass the medical examination on arrival (cf. the analyses of these treaties. Chapter VII, § 1). The Administrative Agreement of 24 June 1925, for instance, which regulates the recruiting of Czechoslovakian agricultural labourers employed in Austria, charges the repatriation of a labourer rejected on arrival to a repatriation fund instituted at the Austrian Central Office for Agricultural Labour, to which employers contribute. On the other hand, the model contracts of Czechoslovakian workers employed in France and the Protocol signed by France and Poland on 3-20 February 1925 for the purpose of applying the Labour Treaty of 1919 provide that the expenses of the return journey shall be directly charged to the employer. The recruitment agreement concluded by South Africa and Portugal (Mozambique) in 1928 charges them to the company that recruited the labourer. (b) Repatriation Following Deportation Some agreements deal with this matter only. Their purpose is to ensure that the country of origin will re-admit aliens whose presence has become undesirable even where at the time of deportation the emigrant’s nationality is doubtful. Similar provisions are often inserted in more general treaties of residence, amity, commerce, etc., as well. Detailed provisions contained in the Declaration signed by Germany and Italy on 8 August 1873 regulate the granting of assistance to destitute persons and the admission of deported persons (Article 4) further, there is the Residence Treaty concluded between Germany and the Netherlands on 17 December 1904 (Articles 6 to 11), supplemented by an exchange of notes on 19 January 191Í, and a similar treaty concluded between Germany and Switzerland on 13 November 1909 (Article 7) and a treaty dealing specially with regulating the repatriation of citizens and subjects respectively of Switzerland and the Netherlands on 7 May 1910. Besides these, the treaties which follow also contain less detailed clauses ensuring readmission of deported persons by their country of origin and generally that of their family as well : Albania-Italy, Residence Treaty of 29 February 1924 (Article 2) ; Albania-Turkey, Treaty of Amity of 15 December1923 (Article 4) ; Austria-Hungary-Switzerland, Declaration on the repatriation of deported persons of 21-28 October 1887; Belgium-Switzerland, Treaty of Immigration and Residence of 4 June 1887 (Article 4); Bulgaria-Turkey, Residence Treaty of 18 October 1925 (Article 4); Denmark-Switzerland, Treaty of Assistance, Commerce and Residence of 10 February 1875 (Article 4); Germany-Turkey, Residence Treaty of 11 January 1917 (Article 9); Italy1 Articles 1 to 4 of this Declaration came into force again on 8 Jnly 1920. 68 TRANSPORT OF MIGRANTS AND THEIR PROPERTY Switzerland, Declaration on the repatriation of deported persons of 2-11 May 1890; Poland-Turkey, Residence Treaty of 23 July 1923 (Article 4); SpainSwitzerland, Residence Treaty of 14 November 1879 (Article 4). A draft plurilateral Convention on the status of aliens adopted at Havana by the sixth Pan-American Conference on 18 February 1928 also includes a provision by which the contracting States reserve to themselves the right to deport, for reasons of public order and safety, foreigners residing on their respective territories or passing through in transit. The country of origin undertakes to receive its citizens deported in this way Some treaties simply reserve the right to deport nationals of the other Party who are considered dangerous : Germany-Ecuador, Treaty of Amity of 28 March 1887 (Article 3) ; Spain-Honduras, Treaty of Peace and Amity of 17 November 1894 (Article 6); Ecuador-Switzerland, Treaty of Commerce and Residence of 22 June 1888 (Article 3), etc. The Commercial Treaty concluded between Germany and Lithuania on 1 June 1923 provides in Article 31 for a special agreement to regulate at a future date the question of the repatriation of nationals of the two States. The right of deportation is sometimes limited according to the length of the period during which the alien has resided in the country. The Treaty between Latvia and Lithuania of 14 May 1921 concerning the respective rights of citizens of the two States stipulates (Article 11) that the grounds for deportation (subversive activity or destitution) must be communicated to the other State on request ; citizens of the other State who have resided continuously in the one State for more than five years can only be deported on account of one of the criminal offences of which the States are to draw up a list. Two agreements deal specially with the repatriation of certain classes of prostitutes : one was concluded between Germany and the Netherlands on 15 November 1889, the other by Austria-Hungary and the Netherlands on 30 November 1888 ; their main purpose is to protect feniale minors or adult married women who have become prostitutes against their will. A Protocol signed by a dozen European countries on 1-14 March 1904 provides for repatriation by the shortest route of anarchists deported by one of the countries. Clauses relating more directly to the subject in hand are those inserted fairly frequently in recent treaties (especially in agreements concerning the abolition of passport visas) reserving the right of the contracting Parties to deport nationals of the other Party who have infringed regulations concerning the residence of aliens and of persons whose activities as workers or employees contravene provisions aiming at the protection of the home labour market (cf. Chapter IV, § 4). Among many others the following treaties may be noted : Austria-Denmark, 9-11 June 1927 ; Austria-Finland, 21 July 1927 ; Austria- Great Britain, 1 Diario de la VI Conferencia internacional Americana, Havana, Feb. 1928. REPATRIATION 69 18 July 1927; Austria-Netherlands, 25 January-1 March 1927; AustriaPortugal, 22-28 March 1927 ; Estonia-Finland, 17 May 1927 ; Finland- Germany, 14 May 1927, etc. Certain treaties, on the other hand, limit the right of deportation to a number of specific cases. For example, Czechoslovakia and Germany, in dealing with the treatment to be accorded to their respective citizens in the Protocol of 28 April 1923 and the exchange of notes of 2 May 1923, agreed that no deportation should be ordered solely for general reasons based on the situation in the country of residence with regard to housing and food supply. Citizens of the other State may not be deported, moreover, for the simple reason that they have lost their employment in the country of residence, if they are entitled to unemployment allowances or if their maintenance is assured in any other proper manner. Other agreements regulate the transit of aliens deported by one of the eontraeting States. An analysis of these will be found in § 3 of the present Chapter (“Migrants in Transit”). While these different treaties aim at ensuring the admission on the part of the country of origin of individuals deported by their country of residence, with the object of avoiding difficulties to which this deportation might lead by assuring a place of residenee to the deported individual, the international Arrangement of 5 July 1922 for the institution of identity certificates for refugees stipulates that “the granting of the certificate does not in any way imply that the refugee has a right of returning to the State from whieh he has obtained it without special permission from that State”. In conformity with this provision, therefore, the State which has issued a certificate is not on this account obliged to readmit the holder if the latter has been deported from another country. The application of this provision has led to practical difficulties, and a later Arrangement signed on 30 June 1928 contains a clause recommending the countries issuing refugees’ certificates to replace the words “the present certificate is not valid for the return journey” by the words “the present certificate is valid for return to the country of issue for the duration of its validity. It ceases to be valid if at any time the holder enters the Union of Socialist Soviet Republics (for Russian refugees) or Turkey (for Armenian refugees)”. But this clause has led to a reservation by one of the signatory States—Greece—which country leaves its authorities free to decide on the merits of each case whether a return visa is to be granted. 70 TRANSPORT OF MIGRANTS AND THEIR PROPERTY Another clause in the same Arrangement of 1928 recommends States to avoid deporting refugees who find it impossible to enter neighbouring countries by lawful means h (c) Repatriation of Workers Recruited on a Basis OF Labour Contracts Agreements for the recruitment of labour, or the model contracts annexed to them, frequently describe the methods by which workers are to be repatriated. Provisions of this kind will be found in the general analysis of such agreements and of model contracts in Chapter VII ( § 1 ). They contain various types of provisions dealing with this subject. The purpose of some of them is to make the repatriation of workers recruited a definite obligation at the expiry of the contract that led to their emigration. This is so with regard to the majority of agreements concerned with the recruitment of seasonal labour, such as those by means of which Austria and Germany procure the agricultural labour which they require for seasonal work every year. The motives underlying this obligation are easily understood; on the one hand, the immigration country wishes to adjust the exact quantity of labour recruited for seasonal occupations such as agricultural labour at each season to the fluctuating needs of its economic situation, without allowing alien workers to settle permanently in the country, where in the long run they might endanger the equilibrium of the home labour market. On the other hand, the country of emigration does not wish permanently to lose sections of its population with which economic circumstances force it to part for the moment; apart from these considerations, the obligation offers a measure of security to workers recruited by means of contracts and this fact facilitates their recruitment. Such clauses, moreover, often have their counterpart in legislative provisions enacted by the countries of emigration concerned (cf. Volume I, Chapter X, § 8). For this reason it has been possible to insert an obligation with regard to repatriation in the agreements 1 League of Nations : Arrangement relating to the Legal Status of the Russian and Armenian Refugees (L.S.C./ll. 1928 (1)). REPATRIATION 71 concluded for the recruiting of labour to be employed in work of a permanent character, such as the agreement signed by China with Great Britain for the emigration of her subjects to different parts of the Empire or those concluded by Portugal (Mozambique) with South Africa for the employment of its natives in the Transvaal mines or with Rhodesia for their employment in that country’s various enterprises. It also figures in the agreement concluded between Liberia and Spain for the recruitment cf workers required in the enterprises of Fernando Po. In other cases it has proved possible, however, to conclude international agreements releasing the Parties to them from an obligation imposed by law to repatriate workers when their contract expires. This occurs in the case of an understanding reached by the French Government and that of the Dutch Indies in 1924 with regard to Javanese workers to be employed in New Caledonia. These workers are permitted to continue in employment in the French colony on the termination of their five years’ contract if they are willing to do so h Other provisions deal with the allotment of the expenses occasioned by the repatriation of the workers. These are charged to the employer, the company that engaged the labour or to a common repatriation fund; in some cases the cost of repatriation is paid out in a lump sum as a bonus at the termination of the contract; this bonus the worker is not obliged to use for the purpose of returning home. Sometimes the procedure adopted to ensure the means of returning home to the worker varies according to whether repatriation takes place on the termination of his contract or before its expiry on account of illness or some other cause for which the worker is not responsible. The repatriation of seamen has also been dealt with by several agreements. A Convention adopted by the International Labour Conference at its Eleventh Session (Geneva, 1926) stipulates that any seaman who is landed during the term of his engagement or on its expiration shall be entitled to be taken back to his own country, or to the port at which he was engaged, or to the port at which the voyage commenced, as shall be determined by national law, which shall contain the provisions necessary for dealing with the matter, including provisions to determine who shall bear the charge of repatriation. A seaman shall be deemed to have been duly repatriated if he has been provided with suitable employment on board a vessel proceeding 1 Cf. Bulletin de l’Agence générale des colonies, Paris, Jan. 1925, p. 68. 72 TEANSPOET OF MIGEANTS AND THEIE PEOPEETY to one of the destinations prescribed. The conditions under which a foreign seaman engaged in a country other than his own has the right to be repatriated shall be as provided by national law or, in the absence of such legal provisions, in the articles of agreement ; the general provisions shall however apply to a seaman engaged in a port of his own country. The expenses of repatriation (maintenance up to the time of departure, transportation charges, accommodation and food during the journey) shall not be a charge on the seaman if he has been left behind by reason of injury sustained in the service of the vessel, shipwreck, illness not due to his own wilful act or default, or discharge for any cause for which he cannot be held responsible. The public authority of the country in which the vessel is registered shall be responsible for supervising the repatriation of any member of the crew in eases where the Convention applies, whatever may be his nationality, and where necessary for giving him his expenses in advance. Though the numerous bilateral agreements concerning the assistance to be afforded to seamen, who are nationals of one of the contracting Parties, and who have been left behind without means of support after having served on a vessel of the other contracting Party, do not go into any great detail as to the way in which repatriation is eventually to take place, they nevertheless mention payment of the expenses of the journey home as one of the relief measures to be adopted. The provisions of these agreements are analysed in Chapter VI, § 7 (“Charitable Assistance”). (d) VOLUNTAEY RePATETATION In Volume I (Chapter X, § 5) the regulations issued by emigration countries for the purpose of facilitating the voluntary repatriation of their emigrants are described. It is explained in Volume II that occasionally the laws of immigration countries provide means of assisting immigrants to depart (Chapter X, § 4). Fairly often, the matter is dealt with by agreement between the countries concerned. But as the assistance afforded in the matter of voluntary repatriation concerns destitute persons as a rule and constitutes a form of relief, the measures described in these treaties are so closely related to other methods of granting relief that the provisions relating to both subjects will be considered together in Chapter VI ( § 7). Special treaties or Articles of treaties deal with the repatriation of certain classes of persons that are permanently assisted, such as minors and insane persons. The examination of such provisions, together with those for the relief of such persons, will be found in Chapter VI ( § 8). It also sometimes happens that agreements are concluded in which assistance for the purpose of repatriation is promised to necessitous emigrants, even when they have not previously stood in need of relief. TEANSPOKT AND TRANSFER OF GOODS AND SAVINGS 73 Thus Austria-Hungary and Italy, in an exchange of notes dated 12 and 17 December 1896 agreed that, in order to facilitate the repatriation of destitute Italian subjects, the Austro-Hungarian Government would allow a 50 per cent, reduction on the third-class tickets of Italian subjects provided with a written recommendation from the Italian ambassador in Vienna or an Italian consul in the Austro-Hungarian Monarchy. This rebate could not be granted in the case of workers to whom—according to the railway companies’ scale of rates—reduced fares were already allowed on AustroHungarian lines. It could only be applied to isolated cases of workers who have become utterly destitute. South Africa axiàlndiah&YeconchiAeà an agreement of aspeeial eharaeter; its purpose is to facilitate the repatriation, not only of Indian immigrants who have been settled in the Union for considerable periods, but also the emigration of persons of Indian origin born in the Union. This agreement was concluded as a result of the Conference held in 19261927 by delegates from the two countries, in order to arrive at a solution of the difficulties created by the presence in South Africa of a large number of Indians who have not easily adapted themselves to the European civilisation that is developing in that country and who are consequently regarded by the South African authorities as an element making for economic instability. It was agreed therefore that the Union of South Africa would organise a scheme of assisted emigration for such Indians to other countries where Western standards of living were not required and particularly to India (cf. Chapter IV, § 2). Under the scheme drawn up in conformity with this agreement, Indians who desire to leave South Africa receive a bonus of £20 per head and for each child under sixteen a sum of £10. A decrepit adult may receive a pension instead of, or in addition to, a bonus. Free passages, including South African and Indian railway fares, are provided. Conditions on the voyage are strictly supervised. Measures are taken to ensure that no batch of emigrants leaves the Union without the Indian authorities being informed. Repatriated Indians are helped to settle in oceupations for which they are best suited by their aptitude or their resources. Repatriated persons retain the right to return to South Africa within three years on condition that they refund in full the bonus and cost of passage received from the South African Government § 6.—-The Transport and Transfer of Migrants’ Goods and Savings There is a question here, on the one hand, of the transport of the possessions which emigrants carry with them and, on the other hand, of the transfer of emigrants’ goods, including savings, from the country of residence to the country of origin. Further, 1 Broiighit into force again as between Austria and Italy on 15 Jan. 1921. 2 India : Legislative Assembly Debates, Vol. IX, No. 20, 21 Feb. 1927. 74 TRANSPORT OF MIGRANTS AND THEIR PROPERTY it should be noted that some few provisions exist which accord facilities to emigrants for the investment of their savings in their country of residence. In the matter of transport of emigrants’ goods, apart from occasional movements of population caused by war, which were regulated by special treaties (repatriation, exchange of populations, options, etc.) and which are briefly referred to in Chapter VIII, § 5, no special treaties seem to have been concluded, though the subject is occasionally mentioned in emigration treaties (cf. Chapter VII, § 1). But, on the other hand, migrants beneflt by the general provisions contained in multilateral conventions and bilateral treaties dealing with the transport and transit of persons (§2 and § 3 of this Chapter), and in other treaties dealing specially with the railway transport of merchandise, such as the multilateral Convention of 1890 on the railway transport of merchandise. Further, it should be remembered that the internal legislation of countries often regulates such transport, the laws of emigration countries aiming at ensuring their security (cf. Volume I, Chapter IX, § 3), while those of immigration countries often give immigrants permission to land and transport their goods free of cost and exempt them from customs duties (cf. Volume II, Chapter XI, § 1). Further, in Chapter VIII, § 6 (“Frontier Traffic”), provisions will be found relating to the transport of goods which inhabitants of the frontier zone, and particularly workers domiciled in one country and taking up employment in another, can take out with them free of customs duties. As to the transfer of emigrants’ savings and goods, it should be remembered in the flrst place that the numerous multilateral and bilateral conventions whose purpose it is to establish mutual co-operation of postal services often enable emigrants to remit sums of money on the same footing as other persons. Of special importance are the multilateral agreements concluded under the auspices of the Universal Postal Union : the Conventions of 26 May 1906 with regard to registered letters and postal orders, the agreement of 30 November 1920 relating to registered letters, postal orders, recovery of debts through the Post Office and postal cheques, the Postal Convention of 28 August 1924 and the agreements connected with it dealing with postal orders, recovery of debts through the Post Office and postal cheques. There TRANSPORT AND TRANSFER OF GOODS AND SAVINGS 75 are also very many bilateral agreements dealing with this subject. The various agreements relating to the transfer abroad of savings banks deposits concern emigrants more closely and were concluded more especially on their account. Belgium and France on 31 March 1882 concluded an agreement on the subject of Post Office Savings Banks “with a view to granting new facilities to depositors in both countries”. The essential purpose of the agreement was to enable funds paid in, either to the Post Office Savings Bank in France or to the Belgian General Savings Bank and Pension Fund, to be transferred free of cost from one bank to the other at the request of the depositor through the agency of the postal authorities of the two countries. The maximum amount of such transfers was fixed at'2,000 francs for each account in 1882, but was altered so as to conform to regulations in force within the countries, so that the revised agreement of 4 March 1897 reduced the maximum to 1,500 francs, which sum had been fixed as the maximum deposit by the French Act of 29 July 1895. The provisions of the 1897 agreement prescribe conditions of transfer and reimbursement and extend the concessions granted in the matter of free postage to correspondence relating to such transfers; they expressly stipulate that with regard to the rate and calculation of interest, the conditions of reimbursement, the purchase and sale of annuities and the acquisition of pension books the funds transferred become subject to the laws and regulations governing the bank to which the funds have been transferred. Each contracting Party reserves the power to suspend the Convention wholly or in part in the case of force majeure or serious circumstances. Belgium on 16 September 1883 signed a Convention with the Netherlands relating to co-operation on the part of the Belgian Savings Bank with the Netherlands Savings Banks, which was followed on 8 November 1902 by a supplementary agreement for the purpose of modifying some of its details. These agreements of 1883 and 1902 more or less faithfully reproduce the provisions of the Franco-Belgian agreements of 1882 and 1897, but do not set any limit to the value of transfers. The Franco-Italian Treaty of 15 April 1904, dealing with the protection of workers, in Article 1, paragraph (a) lays down principles for an agreement with regard to the transfer of emigrant workers’ savings. A first agreement was annexed to the treaty itself. It only deals with the postal savings banks of the two countries and reproduces the text of the Franco-Belgian agreement of 1897 word for word. A second agreement, signed on 20 January 1906, extends those provisions to all savings banks. The Frawco-PoZis/i Labour Treaty of 3 September 1919 provided (Article 14) for the regulation of the question at a later date. In consequence, the Treaty on Relief and Social Welfare of 14 October 1920 contains provisions with regard to free transference of the savings of enaigrant workers based on those of preceding agreements concluded by France with Belgium and Italy. The Emigration Treaty coneluded between France and Czechoslovakia on 20 March 1920 provides (Article 13) for an agreement between the French and Czechoslovakian competent authorities to determine the conditions under which the savings deposited by workers in the savings banks of the one country are to be transferred to the savings banks of the other country. Apart from the agreement with France quoted above, Italy by an exchange of notes dated 25 September 1906 and 9 October 1906, concluded an agreement with Egypt with a view to establishing international co-operation between the savings banks of the two countries. An administrative agreement between the Post Office Savings Banks of 76 TRANSPORT OF MIGRANTS AND THEIR PROPERTY * Italy and Great Britain for reciprocal transfer of deposits was also concluded by means of an exchange of notes dated 4 September 1907 and 25 November 1907. This agreement entered into force on 1 January 1908. The Labour Treaty signed by Italy and Luxemburg on 11 November 1920 in Article 13 provided for a system of regulations to be agreed upon by the authorities of the two countries in order to lay down the conditions under which the savings deposited in the savings banks of the one country are to be transferred to the savings banks of the other country. In the agreement concluded between Austria and Poland on 24 June 1921 concerning the recruitment of Polish workers for agricultural labour in Austria, a special simplified procedure is laid down for the transfer of money on behalf of Polish workers, by means of which these transfers are passed through the account of the Emigration Attaché at the Polish consulate in Vienna. The recruiting agreement concluded between Germany and the SerbCroat-Slovene Kingdom on 22 February 1928 also prescribes in Article 19 the procedure for the transfer of the savings of Yugoslav emigrants. The recruiting agreements concluded by Portugal (Mozambique) with South Africa and Southern Rhodesia and by Liberia with the Spanish colony of Fernando Po institute a system by means of which a part of the worker’s wages is held back, and the savings so obtained are transferred through the agency of an official appointed by the country of emigration to protect the workers recruited under the agreements (cf. Chapter VII, § 1). Closely allied to the transfer of savings is the organisation of the remittance of maintenance allowances to the families of emigrants left behind in the country of origin. But, whereas the laws of several emigration countries oblige the breadwinner to take the necessary steps to continue the support of his dependants when he emigrates (cf. Volume I, Chapter III, § 1, (e)), it appears that very few treaties contain stipulations ensuring that the emigrant carries out this duty towards his family. But the agreement concluded in 1904 between Great Britain and China contains a clause, corresponding to Chinese law, which stipulates that during the emigrant’s stay abroad every facility is to be granted to enable him to remit sums of money to his family. Further, the Child Welfare Committee of the League of Nations has for some time past been studying the question of how to enforce the carrying out by breadwinners who have emigrated of their obligation to maintain their families, with a view to drawing up a multilateral convention on the subject. With provisions dealing with the protection or the investment of emigrants’ savings may be grouped provisions enabling immigrant workers to enjoy the benefits derived from the possession of smallholdings and urban plots. Provisions with this end in view are to be found in the following labour treaties : BelgiumFrance, 24 December 1924 (Article 5); Belgium-Luxenihurg, TRANSPORT AND TRANSFER OF GOODS AND SAVINGS 77 20 October 1926 (Article 5); France-Italy, 30 September 1919 (Article 9); Italy-Luxemburg, 11 November 1920 (Article 7). By the Agreement for the Recruitment of Labour, signed on 19 February 1927, the State of São Paulo (Brazil) ensures facilities to Polish immigrant agricultural labourers for the purchasing of plots of land suitable for cultivation; these various labour treaties and agreements for the recruitment of labour are analysed in Chapter VII, § 1. In the same chapter, § 5, an analysis will be found of treaty provisions which enable old-age insurance, pensions, life annuities, etc., to be transferred from one country to another for the benefit of workers nationals of one Party who have found employment on the territory of the other Party. 78 THE GENERAL STATUS OF FOREIGN WORKERS CHAPTER VI THE GENERAL STATUS OF FOREIGN WORKERS It has been explained in Volumes I and II (Chapter XI) that when an immigrant is admitted into the foreign country where he has chosen to reside, he passes under the jurisdiction of that country’s laws, and his position in some respects may be very similar to that of the citizens of the country—especially as regards rules of law based on public policy and other considerations which are binding on all persons, irrespective of their nationality —but he may be in a very different position as regards his rights, his liberty, the protection afforded him, and the duties and obligations which he has to discharge. Yet the regime to which he has to conform is not defined solely by the legislation of the country in which he resides, as his country of origin continues to watch over his interests after he has crossed its borders. But, since his own country cannot intervene directly on his behalf on foreign territory, it ’s only by means of international agreements that it can obtain modifications of the system which obtains there, in favour of its emigrant nationals, if it judges that system to be insufficiently favourable to them. In this way the foreign workers’ status is now often governed by the provisions of Conventions which are superimposed on the existing rules of law. The agreements concluded with this end in view are very numerous and also very varied; they niay be concerned with the whole of the relations which govern the life of an individual in a foreign country, or they may define these relations one by one. Again, they may deal with all the nationals of a State residing on the territory of the other contracting State, or only with certain categories among them. In this chapter the agreements will be analysed which determine the status of settled immigrants in general; the different sections of Chapter VII will deal with the provisions which are specially concerned with workers. RECIPROCITY, EQUALITY OF TREATMENT T9 § 1.—Reciprocity, Equality of Treatment, and the Most-Favoured-Nation Clause The conditions with regard to residence in a foreign country can be explieitly determined by treaties when the contracting States clearly define the rights conceded or the obligations imposed. But more often such conditions are only established relatively, that is to say, with relation to the position in law already obtaining apart from any treaty provisions, and which is not defined in such treaties. This is sometimes the position in each contracting State with regard to nationals of the other; in others it may be within each country the position of its own citizens or subjects or of aliens who are nationals of another foreign country. The three principal methods of procedure adopted for the purpose of dealing with this situation indirectly by means of conventions are the reciprocity clause, the clause establishing equality with nationals, and the mostfavoured-nation clause but in between these systems there exist a series of variations or combinations of them whieh have led to the use of an infinite number of formulae, all differing from each other in their effects. * * * According to the prineiple of reciproeity, identical treatment is accorded in each of the contracting States to the nationals of the other contracting States. A principle of this kind necessitates constant comparisons of fact, in order that one regime may be precisely adjusted to the other. Where no treaty exists, the system sometimes forces States to grant advantages to aliens which by legislation are reserved for nationals only (cf., for instance, in Chapter VII, § 5, what is said concerning the reciprocal application to aliens of the benefits of laws relating to social insurance in certain countries), or, on the other hand. ^ Cf. Richard Riedl : The Most-Favoured-Nation Clause. Documents presented to the Economic Committee of the League of Nations and the International Chamber of Commerce by the Austrian National Committee of the International Chamber of Commerce. Vienna, 1928. 80 THE GENERAL STATUS OF FOREIGN WORKERS leads them to take away such privileges by way of reprisal; but the system is used very little by States regulating their relations through the medium of conventions. Where it is used it is chiefly employed in a negative sense. A clause of reciprocity is sometimes inserted by way of a reservation serving as a guarantee in respect of some deflnite right granted or to equality of treatment promised in certain respects. For example, the Treaty of Amity, Commerce and Navigation, concluded by Mexico with Sweden and Norway on 15 December 1885, after declaring that the nationals of the one contracting Party shall enjoy the same civil rights as nationals of the other Party, adds that the contracting Parties “not desiring that the equality to be created should be destroyed if one of the Parties were to impose a restriction on the enjoyment of these rights which is not imposed by the law of the other Party, agree to reserve the right to institute, each within its own territory, in accordance with the principle of international reciprocity, the same restrictions and disabilities with regard to the subjeets and citizens of the other contracting Party as the latter may impose within its own territory on citizens or subjects of the first Party”. * * * A large number of treaty provisions are based on the prineiple of equality of treatment with nationals. Some treaties are exclusively, or almost exclusively, based on this principle. Perfect equality is attained in treaties concluded on the model of the Treaty of Peace and Amity signed by Guatemala and Salvador on 8 May 1876, which stipulates that the citizens of San Salvador in Guatemala and those of Guatemala in San Salvador shall be considered as being citizens of the country in which they reside and will be granted the same rights and prerogatives as are enjoyed by the nationals of the country, on condition that they shall submit themselves to the same duties, services and obligations as are imposed on nationals. Similar provisions are to be found in the peace treaties concluded between Honduras and Salvador on 31 March 1878 and by Nicaragua and Salvador on 17 November 1883. Without being so eomplete, a large measure of equality of treatment is nevertheless accorded in the Treaty of Amity concluded between the Argentine Republic and Bolivia on 9 July 1868, in which there occurs only one exception (with regard to political rights), or again in the treaty dealing with the respective rights of citizens signed by Latvia and Lithuania on 14 May 1921, in which equality of treatment is extended to all matters except the right to own real estate, with regard to which the provisions of Acts and Regulations in force within the territories of each Party relating to aliens continue to be applicable. Further, the draft multilateral Convention relating to the treatment of foreigners, prepared in 1928 by the Economic Committee of the League of Nations and recently submitted to Governments for examination, is based on the principle of equality of treatment with nationals apart from certain exceptions which are specified in the text of the draft Convention K 1 League op Nations : Document 0.174, M.53, 1928 II. RECIPROCITY, EQUALITY OE TREATMENT 81 Where treaties regulating the right of residence on the part of nationals of one contracting Party in a colony, protectorate or mandated territory governed by another Party are concerned, equality of treatment for nationals can be interpreted in two different ways : as signifying equality with the citizens of the colonising or protecting State or equality with the subjects or protected persons inhabiting the colony, protectorate or mandated territory in question. Thus the text establishii^ certain mandates (cf. Chapter VIII, § 4) contain a clause according to nationals of all States Members of the League of Nations the right to establish themselves on the mandated territory under the same conditions as the citizens of the mandatory Power. The treaties concluded later with States non-members of the League Of Nations, such as those signed by the United States and the mandatory Powers administering the different territories contain the same clause of equality with the citizens of the mandatory Power. In accordance with the same principle the treaties concluded by Great Britain, with Denmark (14 July 1921), Norway (22 April 1921), Portugal (9 December 1920), Sweden (8 July 1921), etc., regulating the position of Danish, Norwegian, Portuguese and Swedish subjects in Egypt after the Abolition of the Capitulations, stipulate that the nationals of the contracting Parties are to enjoy in regard to public liberties, the administration of justice, private rights, including landed property and mining rights, the liberal professions, industrial and commercial occupations, and taxes and duties, the same treatment as British nationals. Sometimes the same treatment is accorded in certain respects to natives, citizens of the mother country and to the nationals of the contracting Party; the Residence Treaty concluded between France and Italy on 28 September 1896 declares that, with regard to their persons and their goods, Italian subjects will be received and treated in Tunis on the same footing as the natives of Tunis and as French nationals. They will enjoy the same rights and privileges if they submit to the conditions, contributions and other charges imposed on the natives and on French nationals. Further, in conformity with other clauses of the agreement, Tunisians will also enjoy equality of treatment with Italian nationals with regard to residence in Italy. * * * The most-favoured-nation clause is the procedure most frequently adopted in residence treaties. A great number of examples could be cited. But the use which has been made of this clause has often been so lacking in precision that its application has caused great difficulties. For this reason it would seem that certain States are avoiding its use, while those which still employ it are more prudent with regard to its use and strive strietly to limit its scope. It has even seemed advisable to prepare a multilateral agreement with regard to the employment of this clause, but the Committee of Experts for the progressive codification of International Law, which examined the question 6 82 THE GENERAL STATUS OF FOREIGN WORKERS in 1927, removed the question from the programme of codification as the difficulties raised by it were too serious to be solved in a brief space of time A study of the subject has again been undertaken by the Economic Committee of the League of Nations with a view to determining uniform regulations to be adopted, both with regard to the drafting of the clause and with regard to its interpretation and application, but so far this examination has been restricted to a study of the tariff system. Among bilateral treaties a special treaty concluded for the purpose of establishing the most-favoured-nation regime may be mentioned as being especially characteristic. On 21 July 1887 Germany and Paraguay signed a Treaty “destined to ensure mutual most-favoured-nation treatment”. Aceording to its provisions the representatives and the diplomatie, consular and shipping agents of the one contracting Party are to enjoy in the country of the other Party the same rights, privileges, advantages, immunities and exemptions as are at present or in future conceded to the representatives and the diplomatic, consular and shipping agents, as well as to the subjects and citizens of the most favoured nation. But the final Protocol makes a reservation in declaring that German subjects shall not by reason of the stipulations of the Treaty claim the freedom of trade reserved by Article 13 of the Treaty between Paraguay and Brazil with regard to the province of Matto Grosso. Nevertheless, if at a future date these rights should be conferred on another nation, they shall also be conferred on Germany and its nationals. Reservations with regard to the most-favoured-nation clause, such as that made with regard to Matto Grosso in the Treaty between Paraguay and Germany referred to above, are of frequent occurrence. They refer to States placed in a specially favoured position by reason of close relations existing between them and one of the contracting Parties. For instance, the regime of almost complete equality which the Central American States have established with regard to their respective nationals, either as a result of the plurilateral Convention of 1872 or by later bilateral treaties, has frequently led those Central American States which have concluded treaties with other countries to insert a reservation with regard to the application of the most-favoured-nation clause, exempting from it the special rights granted to the Central American Republics. This is true, for instance, in the case of the Treaty of Amity and Commerce coneluded between Belgium and Honduras on 25 March 1909, Germany and Honduras on 12 December 1888, Spain and Honduras on 17 November 1894 and Germany and Guatemala on 20 September 1887. A reservation relating to the treatment accorded to other Latin-American nations is inserted in the Treaty concluded by Chile and Switzerland on 31 October 1897. Similar reservations 1 League of Nations : The Most-Favoured-Nation Clause. Report adopted by the Committee of Experts for the progressive codification of International Law, Third Session, March-Aprfi 1927, C.205, M.79, 1927, V. (C.P.D.I. 97 (1)). RECIPROCITY, EQUALITY OF TREATMENT 83 are also sometimes made in treaties granting such privileged treatment. The Treaty concluded between Latvia and Lithuania relating to the respective rights of their citizens (14 May 1921) contains in Article 15 the following clause : “In view of the close relations subsisting between Latvia and Lithuania, the two States declare that the special rights granted reciprocally under the present Convention do not constitute grounds for any other State whatsoever demanding equal rights for itself”. The application of the most-favoured-nation clause is subject to further limitations ; in order to avoid equality with the nationals of certain States the contracting Parties can exclude certain specified advantages from its scope of application. A striking example of such a reservation, clearly demonstrating a distinction frequently made between general regulations regarding residence and the special regulation of immigration as such (and especially the immigration of workers) is afforded by the Treaty ot Commerce concluded between Austria and France on 16 May 1928. The final protocol expressly states that the most-favoured-nation treatment on which the residence clauses of the Treaty are based “does not extend to the advantages granted by means of special Conventions concluded by one of the contracting Par ties with third States, with a view to regulating the employment of alien workers, including salaried employees”. * * * The three systems which have been described are not always encountered in their pure form. There are many intermediate systems in existence as well as various combinations of the systems. The treaties concluded by some federal States may serve as examples of a system lying half-way between equality of treatment with nationals and most-favoured-nation treatment. The Residence Treaty concluded between Belgium and Switzerland on 4 June 1887 places Belgians in every canton of the Confederation, not on a footing of equality with the citizens of the canton, but on a footing of equality with the inhabitants of other Swiss cantons as regards the right of residence, the fiscal system and the following of all kinds of industr-al and commercial occupations. As regards combinations of the systems, it should be observed in the first place that very often the three clauses referred to are used simultaneously, each with regard to a different matter. It should be noted that in residence treaties in general equality of treatipent with nationals is usually accorded with regard to the enjoyment of civil rights, very often also with regard to the protection of the law courts, whereas on account of the restrictions existing in many countries on the acquisition of 84 THE GENERAL STATUS OF FOREIGN WORKERS §. property rights by foreigners, the most-favoured-nation clause is generally chosen to establish the rights of the contracting Party in those respects. But these combined formulae are often more detailed and are introduced for the purpose of producing interactions that may profoundly modify the situation. For instance, as was seen above, a reciprocity clause is sometimes added to provide a measure of retaliation as a guarantee that the system of equality with nationals will be enforced (see the Treaty of 1885 between Mexico, Sweden, and Norway). The same object is sometimes achieved by means of a combination of the reciprocity system with the most-favoured-nation regime. In the final protocol cited above, which defines certain points of the Commercial Treaty between Austria and France, it is agreed that “if as a result of alterations made after the signing of the Convention in the laws and regulations of one of the contracting Parties, the treatment resulting from the most-favoured-nation clause becomes less favourable in one State than in another, negotiations shall be entered into with a view to placing the system on a footing of real reciprocity”. The systems of equality and of most-favoured-nation treatment are also sometimes combined in order to grant to nationals of the contracting Parties the most favourable treatment that can be obtained. The regime of equality with nationals is generally found to offer the greatest advantages in practice, as States hesitate to grant to foreigners rights and advantages which are superior to those which they accord to their own subjects. Nevertheless an important exception to this rule is to be found in the treaties that have established Capitulations; apart from this special system, which in any case is to disappear shortly, it has happened in a number of cases that special exemptions have been granted to aliens in the case of exceptional charges and taxes. If in a treaty therefore a simple system of equality is adopted, the nationals of the contracting Party may be placed in an unfavourable position as regards advantages enjoyed by the nationals of States which have concluded treaties based on the regime of the most favoured nation. In order to avoid such inequalities a combination of the two systems is frequently adopted, and a declaration made to the effect that the nationals of the contracting Party are with regard to fiscal matters to receive the same treatment as nationals or as the nationals of the most favoured nation where the latter is the more advantageous of the two. The various systems just examined which have been estab- CONDITIONS OF RESIDENCE 85 lished by means of conventions are not in any way rigid. They are incessantly being modified. Whereas in the system of reciprocity, or that of equality with nationals, modifications are introduced corresponding with variations in the internal legislation of contracting States on which they are based, the system embodying the principle of equality with that of the most favoured nation is varied to correspond with provisions of treaties concluded by one of the contracting Parties with other countries. An additional advantage conceded by another treaty enables all States to which most-favoured-nation treatment has been granted to reap the benefits conferred, while on the other hand the disappearance of a specially advantageous treaty takes away the advantages conceded in it from all the States that partook of them in virtue of the most-favourednation clause. Therefore, in order to make the future enforcement of the clause more secure, contracting States sometimes expressly stipulate that the nationals of the contracting Party are to enjoy not only all the advantages conceded to the most favoured nation, but also any advantages to be conceded in the future. § 2.—Conditions of Residence The expressions “residence” and “conditions of residence” are used in this volume, as already explained, as an equivalent for the French word établissement. The latter is a very comprehensive term and is not very precisely defined. To establish oneself in a country is to make one’s home there and to dwell within the network of the legal, political and social relationships which make up the life of an organised society. A treaty regulating conditions of residence ought therefore to embrace all the different provisions by which the status of an immigrant is determined. This very rarely happens, partly because it would serve no useful purpose if treaties intervened on points where the existing rules of law, referring to all foreigners residing in the contracting States, is deemed satisfactory by those States, partly because the most delicate problems are often left to be regulated in detail by means of special agreements dealing with each point separately. 86 THK GENERAL STATUS OF FOREIGN WORKERS But certain treaties termed in French traités d’établissement (residence treaties) define a great many of the conditions under which the nationals of one contracting State live and work in the territory of another State in which they have made their home. Special mention must be made of the following treaties : Albania-Italy, 29 February 1924; Austria-Switzerland, 7 December 1875 (re-enfprced by a treaty dated 25 May 1925); Austria-Turkey, 28 January 1924; BelgiumFrance, 6 October 1927; Belgium-Switzerland, 4 June 1887; Bulgaria-Turkey, 18 October 1925; Denmark-France (concerning Greenland), 12-19 October 1925 ; Denmark-Switzerland, 10 February 1875 ; Ecuador-Switzerland, 22 June 1888; France-Italy, 28 September 1896 (relating to Tunis), and 3 December 1927 (residence in France or in Italy); France-Japan, Protocol concerning residence in Indo-China, 30 August 1927; France-Switzerland, 23 February 1882; Gvnmny-the Netherlands, 17 December 1904; Germany-Switzerland, 13 November 1909; Germany-Turkey, 12 January 1927; Germany-TJnion of Socialist Soviet Republics, 12 October 1925; Hungary-Turkey, 20 December 1926; Italy-Serb-Croat-Slovene Kingdom, 21 August 1924; PolandTurkey, 23 July 1923 Salvador-Switzerland, 30 October 1883; SerbiaSwitzerland, 4 February 1883; Spain-Switzerland, 14 November 1879 and 4 August 1926, concerning the Spanish zone in Morocco ; Switzerland-Turkey, 7 August 1925; United States-Switzerland, 25 November 1850. The residence of foreigners is also one of the subjects with which the Economie Committee of the League of Nations is dealing at present. A draft multilateral Convention relating to the treatment of foreigners was submitted to Governments for consideration in April 1928. Chapter II, headed “Establishment of Foreign Nationals”, contains provisions relating to freedom of travel and sojourn, the exereise of trade, industry and occupations, to civil and legal guarantees, to property rights, exceptional charges and to fiscal treatment^. Apart from the residence treaties referred to above, clauses are sometimes inserted in treaties of amity or of commerce anS navigation, in consular Conventions, etc., which are just as far reaching in their effeet on conditions of residence. It should be noted that the different conditions imposed by these treaties are intended to govern the life of the settled immigrant and not as a rule to regulate the migrant’s admission into the eountry. The eonditions of residence are in this sense quite different from conditions of admission, or at any rate a clear distinction is drawn ‘ Applicable to Danz^ in virtue of the adhesion of the Free City on 7 May 1925. 2 Economic Committee : Draft Convention on the Treaiment of Foreigners, C.174, M.53» 1928, II. CONDITIONS OF RESIDENCE 87 &t the present day between them, although it appears that when the older residence treaties were being negotiated it was often the intention of the negotiators to regulate both admission and residence. But in recent treaties a careful distinction is made as a rule between the situation of the intending and that of the settled immigrant, and special reservations often stipulate that enactments and regulations relating to admission must first be complied with before provisions relating to residence can come into play with regard to each individual case. The different terms in which reservations encountered in very many of these treaties are couched, and especially in those concluded by the United States with Asiatic States, have been referred to already (cf. Chapter IV, § 1 and § 2). Apart from the question of admission, which is also dealt with by some of these residence treaties, there remain a vast number of subjects for them to deal with which properly come within their scope. First of all, the conditions of travel within the territory and the right of crossing and recrossing its boundaries for short periods, or the right to reside and to settle down in the different regions or localities of the country. It is not at all uncommon for reservations to be made with regard to these matters, where zones are in question which are important from the point of view of national defence, and sometimes the right to reside in certain districts may also be limited for other reasons. Thus in the final Protocol of the Treaty of Commerce concluded between Poland and Czechoslovakia on 23 April 1925, it is stated that, in applying the provisions relating to residence, the two contracting Parties reserve the power to refuse the right of residence to nationals of the other Party if the foreign population admitted shows a tendency to concentrate in excessive numbers in districts whose economic importance does not justify such concentration. Furthei, many different kinds of provisions are inserted in the same treaties for the purpose of defining the rights and obhgations of foreigners who have settled; thus provisions may be encountered dealing with the enjoyment of civil and political rights, the legal capacity of persons and the nationality of migrants and of their descendants, with judicial guarantees accorded—especially the conditions under which nationals of the contracting Party can have recourse to the law courts—with the charitable 88 THE GENERAL STATUS OF FOREIGN WORKERS assistance which can be extended to them, the exercise of property rights, or the duties and obligations that rest on them either with regard to taxation or military and civie service. All these subjects will be dealt with point by point in greater or lesser detail in so far as they are important from the point of view of the subject matter of the present volume. Residence treaties as a rule also deal with the right of nationals of the contracting Party to engage in industry, commerce and the professions, in respect to which matters they often make eertain reservations; sueh provisions are examined in Chapter VII which deals with workers (cf. §3, “Admission to Trades and Professions”). Finally, it should be recalled that a great many residence treaties reserve the right of the contracting Parties to deport nationals of the other Party whose conduct or destitution has rendered their presence undesirable in the country where they reside : in these treaties the country of origin promises to readmit individuals so deported at any time. This question is referred to in Chapter V ( § 5, (&)), except as regards minors and incapacitated persons, with regard to whom reference should be made to § 9 of the present chapter. All these very varied provisions form part of the international system of regulations with regard to residence in foreign countries. § 3.—Civil and Constitutional Rights The principal purpose of “residence” clauses in treaties is to eliminate or at least to diminish the existing differences between the position in law of foreigners and of nationals with regard to the exercising of important rights—both political and civil— which the constitutions of countries as a rule formally grant to nationals only. As regards civil rights, it is not unusual for treaties to state that they are to be freely granted to nationals of the other contraeting Party on a footing of equality with the inhabitants of the country as the first concessions made to them. If such a recognition of civil rights is granted without restrietions, it may render an enumeration of personal and special rights superfiuous (property rights, right to engage in commeree, etc.); CIVIL AND CONSTITUTIONAL BIGHTS 89 but the process of enumeration is often preferred by the contracting States as, on the one hand, it enables rights to be limited and reservations to be made on certain points, while, on the other hand, it serves as an exact statement of the chief rules of law of the country, which are to be applicable to the foreigners in question and so defines with greater precision the extent of the rights conceded. Thus it often happens that a treaty in its first clause recognises in general terms the equality of nationals of the contracting Party with the inhabitants in the matter of private law, while afterwards specifying the different subjects to which this right is to be applied in the concrete. In some treaties States have even been careful to ensure that such civil rights and guarantees, especially the right of engaging in a trade or profession, shall not be taken away from nationals of either of the Parties at a moment when both international law and usage and municipal law would allow of their being withdrawn from foreigners, that is to say, when war breaks out between the contracting States. It is very much more unusual for full political rights, including that of the franchise, to be formally granted, it may even be said to be quite the exception. Sometimes even treaties making the most liberal concessions to the nationals of the other Party, and granting full equality of rights to citizens of the one country residing on the territory of the other, specify that an exception is to be made with regard to political rights. It even sometimes happens that in the provisions laying down conditions of residence, a special stipulation is made to the effect that the nationals of the other Party to whom the right of residence is granted must take no part in the politics of the country. Such a stipulation is to be found for instance in the plurilateral Convention, the text of which was adopted by the sixth Pan-American Conference (Cuba, 1928). Nevertheless, even political rights are occasionally mutually conceded by countries bound to each other by close ties of race and common interest, as was the case with the Central American States in the Pact of Union of 1872, and in several otl^r bilateral treaties concluded later. Other treaties, without according the full political rights enjoyed by the citizens of one State to the nationals of another contracting Party, recognise some of these rights. Among the 90 THE GENERAL STATUS OF FOREIGN WORKERS rights which are most frequently limited by the constitution or by law (cf. Volume II, Chapter XI, § 8), the right of association should be mentioned. Restrictions on this right are often partially removed by treaties. It is unusual for such a right to be formally accorded by treaty, yet a few cases can be mentioned. The right to form trade associations or to become members of the unions existing in the country is granted to the nationals of the other contracting Party by several labour and recruiting treaties; these are referred to later (Chapter VII, § 5), together with those concerning the right of immigrant workers to become members of works councils or mixed judicial councils (joint industrial councils) and of conciliation and arbitration committees. Treaties frequently stipulate that the Government of the country of immigration is to authorise and even to facilitate the organisation and functioning of all kinds of mutual societies (consumers’ co-operative societies, co-operative societies concerned with credit, production, employment or savings, mutual relief societies, etc.), formed by emigrants from one country. Provisions relating to these rights are encountered in the Franco-Italian Labour Treaty of 1919 (Article 17), in the Franco-Polish Convention on Assistance and Public Relief of 14 October 1920 (Article 11), in the Italo-Luxemburg Labour Treaty of 11 November 1920 (Article 7), in the Brazilo-Italian Labour Treaty of 1921 (Article 5), and in the Brazilo-Polish Agreement of 1927 (Article 8). It also sometimes happens that the right of association is granted to foreigners, together with more extensive concessions. For instance, the Convention on the respective rights of citizens, concluded by Latvia and Lithuania on 14 May 1921, stipulates that each contracting State guarantees to citizens of the other State residing on its territories as well as to its own nationals natives of the other State, that they shall be allowed freely to develop their national and cultural organisations, that no obstacles shall be placed in their way and they shall not be restricted more severely than any other organisations existing in that State for similar purposes. The recognition of the right of asylum for political refugees is closely r^ated to the coneession of political rights. This right is quite often granted by constitutional and statute law (see Volume II, Chapter 3, § 1, (b)), but is also sometimes affirmed by treaty : for instance in Article 9 of the Treaty of Commerce, Amity and Navigation concluded between the Argentine Republic and LEGAL CAPACITY 91 Bolivia on 9 July 1868, the two contracting Republics recognise the principle that the right of asylum granted to persons accused of, or refugees as a result of, a political offence is inviolable, while undertaking to prevent abuse of this right. Other treaties often provide for supervision in respect of abuses that may be made of the freedom and the rights so granted. This is the case with regard to several treaties concluded by the Central American States between themselves at times of political difficulty; a recent example in Europe is the Treaty of Union and Fraternity concluded between the Union of Socialist Soviet Republics and Turkey on 16 March 1921, in which the contracting Parties “undertake not to tolerate the presence on their respective territories of organisations and associations composed of elements which arrogate to themselves a right of governing their country of origin and fight against it or against another country”. Similar provisions are to be found in the Treaty establishing the fundamental principles which are to apply to the relations between Japan and the Union of Socialist Soviet Republics of 20 January 1925 (Article 5). A very large number of treaties also contain a clause relating to liberty of conscience, freedom to exercise any religious worship or to conduct funeral ceremonies according to the rites prescribed by the national religion. § 4.—'Legal Capacity In nearly every country the regulations with regard to the legal capacity of foreigners are matters of personal status. So long as the immigrant has not been definitely absorbed into the national population, questions of minority, guardianship, marriage, etc., are decided according to the law of the country of origin. This appears to be a rule generally admitted in international relationships, without States having judged it necessary to embody it explicitly in treaties. But in recent treaties which arrange legal relations as a whole between contracting States, attention is sometimes drawn to it, for instance in the Convention respecting Conditions of Residence and Jurisdiction concluded on 24 July 1923 at Lausanne between several Powers and Turkey, as well as in different treaties concluded by Turkey at this same period. The legal capacity of persons, however, gives rise to a number of international difficulties which States seek to solve by means of treaties. 92 THE GENERAL STATUS OF FOREIGN WORKERS In connection with this subject, some questions should be examined which have been the object of international conventions and are of special interest to migrants : conflicts of laws arising out of acts in which individuals of different nationalities are concerned, such as marriage, divorce, judicial separation, and inheritance, the organisation of the protection of minors and incapacitated persons residing in a foreign country, etc. Further, it is necessary to examine the measures that have been adopted with regard to persons without nationality or refugees in whose case the basis recognised by all countries does not exist. Though it is impossible to examine each of these questions in detail reference will be made to the multilateral agreements which resulted from the Conferences on Private Law at The Hague. Though these Conferences were not world-wide, they were attended more especially by Western and Central European States and have influenced the direetion in which international regulation of these questions has developed, while provisions contained in these Conventions have frequently been inserted in bilateral treaties. (a) Questions relating to Marriage Under the auspiees of the International Conferenees on International Private Law at The Hague, a Convention was concluded on 12 June 1902 for the purpose of adjusting conflicts of laws with regard to marriage. It formulates as a general principle that the right of contracting a marriage is controlled by the laws of the countries to which the partners to the union belong, provided that such laws do not contain a specific reference to another law. But the laws of the country in which the marriage was contracted can intervene in a number of special cases defined by the Convention, either for the purpose of prohibiting a marriage on the part of foreigners which would be contrary to such laws, or for that of permitting foreigners to contract a marriage in spite of prohibitions imposed by the legislation of their own countries. Further, a Convention of 17 July 1905 adjusted conflicts of laws relating to the effect of marriage on the rights and duties of the parties to it towards each other and to that on the property of the persons concerned. LEGAL CAPACITY 93 (b) Questions of Divorce and of Judicial Separation A Convention concluded by the same Conference on 12 June 1902 adjusts conflicts of laws and jurisdiction with regard to divorce and separation with a view to establishing rules which should be applied where foreigners sue for divorce when they do not reside in their native country or when the husband and wife are not of the same nationality. (c) Questions of Inheritance A draft multilateral Convention dealing with the adjustment of conflicts of laws relating to questions of inheritance and of wills was also prepared by the International Conferences on Private Law at The Hague in 1925 and 1928 (d) The Protection of Minors and Persons WITHOUT Legal Capacity International regulations have also been framed for the purpose of arranging for the protection of minors and incapacitated persons stranded in foreign countries. As regards the guardianship of minors, a Convention of the Conferences on Private Law at The Hague, dated 12 June 1902, specified the measures which were possible and desirable from an international point of view with regard to foreigners who on account of their age were in need of special protection. The guardianship of a minor is, according to this Convention, regulated by the legislation of the country of origin. If the legislation of that country makes no provision for guardianship in the case under consideration, the diplomatic or consular agent of the country is enabled to provide for it with the authorisation of the minor’s country of origin and in conformity with the legislation of that State if the State where the minor habitually resides raises no objection. The guardianship extends to the person and the whole of the property of the minor, wherever they may be situated. An exception to this rule may be made with regard to immovable property which, according to the legislation of the country where it is situated, is governed by special provisions for real property 1 In all that concerns the draft Conventions passed by the Conference on International Private Law at The Hague in 1928, cf : Actes de la sixième session tenue du 5 au 28 janvier 1928. The Hague, National Printing Office, 1928. 94 THE GENEBAL STATUS OF FOEEIGN WORKERS The Convention refers only to the guardianship of minors, nationals of a contracting State, habitually residing on the territory of one of the contracting States ; where the minor concerned is a national of one of the eontraeting States, however, the neeessary steps for the protection of the person and interests of an alien minor may be taken by the local authorities until such time as his guardianship shall have been arranged for, or in any urgent case. The authorities of a State, on the territory of which there is an alien minor for whose guardianship arrangements have to be made, must notify the authorities of the minor’s country of origin of this fact as soon as it becomes known to them. These latter authorities must at the earliest possible moment advise the authorities who notified the case as to whether the guardianship has been or is to be instituted. This Convention has been supplemented by the additional draft Convention adopted on 28 January 1928 by the sixth Conference on International Private Law, which has reference to minors without nationality, the arrangements for whose guardianship are entrusted to the authorities of the place in which they reside, in conformity with the legislation of that place. Numerous bilateral treaties also regulate the question of the guardianship of alien minors. These provisions are inserted especially in legal or consular conventions, the protection of minors and the arrangements for the guardianship of the nationals of a State being generally entrusted to the consul representing that State in the country in which the minor has to be cared for. Most of these treaties have adopted the principle enunciated by The Hague Convention of 1902. At the same time, certain variations of that principle are to be found in some of these international regulations. Thus the Conventions relating to the regulation of judicial relations, concluded on 7 May 1925 by Czechoslovakia and Rumania and on 17 March 1923 by Czechoslovakia and the Serb-Croat-Slovene Kingdom, after declaring that it shall be the duty of the consular authorities of the two contracting Parties to arrange for the guardianship of the person and entire property of their nationals, go on to add that the local authorities may adopt urgent measures for the protection of the minor until the guardianship of nationals of the other State residing on their territory shall have been arranged for. These measures may be rescinded by the authorities of the ward’s country of origin. If, however, the interests of the ward render such action necessary, the latter may transfer, after hearing the ward and his legal representative, the entire guardianship of the person and property to the authorities of the other State. These authorities shall then apply the laws of their own country. Their decisions, immediately they become final, shall be recognised as valid in the territory of the other contracting State. Contrary to the provisions of The Hague Convention, the Treaty relating to guardianship concluded by Germany and Austria on 5 February 1927 stipulates that guardianship shall be exercised by the authorities of the country of residence, and that the legislation of the country of which the authorities assume guardianship shall be applicable in all respects, except as regards the date on which thç guardianship is to commence and to cease and the reason for its assumption, these questions being decided by the legislation of the country of origin. The guardianship extends to the person of the minor and to the whole of his property, no matter where such property may be situated. LEGAL CAPACITY 95 With regard to insane, spendthrift and feeble-minded adults, a Convention was concluded under the auspices of the Conferences.on Private Law at The Hague on 17 July 1905. According to this Convention, disability is governed by the legislation of the country of origin of the incapacitated person and the authorities who, according to that legislation being competent to do so, make the order depriving him of his civil rights (interdiction) or arrange for his curatorship. Any necessary provisional measures can in all cases be taken by the local authorities, who must notify the authority of the country of origin. If the latter should abstain from intervening or replying for a period of six months the local authority may proceed to make the order depriving the person concerned of the right of dealing with his property. In this case, if the legislation of the country of origin of the incapacitated person contains a provision entrusting supervision to a particular person, such provision shall be respected as far as possible. All the provisions of the Convention apply indiscriminately to the person and to the movable and immovable property of the incapacitated person, except as regards immovable property subject, according to the legislation of the country in which it is situated, to special regulations dealing with landed property. They are also applicable to the deprivation of civil rights (interdiction) as such, the institution of a curatorship and the appointment of a judicial council as well as to all similar measures involving a restriction of civil rights. Bilateral treaties also frequently make regulations for the protection of incapacitated persons and minors, nationals of one eontracting Party, residing on the territory of the other Party. In particular the eonventions quoted above concerned with arrangements for the guardianship of minors also contain provisions relating to the curatorship of incapacitated persons. (e) The Legal Status and Capacity of Persons without Nationality These same questions have also been examined internationally from the point of view of individuals without nationality. The Conference on International Private Law which met at The Hague in January 1928 undertook the task of regulating the status of persons without nationality in several respects. The special solutions called for in the case of these persons were embodied in draft Conventions which were adopted by that Conference and which form an essential supplement to the preceding Conventions ; the Convention on conflicting marriage laws (1902); the Convention on conflicting laws relating to the effect of marriage on the rights and duties of the husband and wife (1905); the Convention 96 THE GENERAL STATUS OF FOREIGN WORKERS on conflicts of laws and jurisdiction with regard to divorce and legal separation (1902). Without entering into further details it may be pointed out that in the supplementary draft Conventions to the Convention on Guardianship (1902) and the Convention on the deprivation of eivil rights (interdiction) and measures for the protection of incapacitated persons (1905), theprineiple is adopted that guardianship or curatorship shall be arranged in conformity with the laws of the country of residence. (f) The Legal Status and Capacity of Refugees International negotiations have also taken place with a view to regulating the legal status and capaeity of Russian and Armenian refugees to whom ordinary provisions affording to eaeh individual the personal status established by the legislation of his eountry, and placing him under the jurisdiction of the national authorities as regards any matter affecting that status, cannot be applied. The agreement made with regard to this question on 30 June 1928, under the auspices of the High Commissariat for Refugees of the League of Nations, laid down some general principles in the form of a recommendation, of which the following are the most important : It is recommended : that the personal status of Russian and Armenian refugees shall be determined in countries in which the previous law of their respective countries is no longer recognised, either by reference to the law of their country of domicile or of usual residence, or, failing such country, by reference to the law of the country in which they reside ; this recommendation shall not lessen in any way the validity with regard to the personal status of refugees of documents granted by the religious authorities competent respectively in the case of the Russian and Armenian refugees in countries where the competence of such authorities is recognised; That rights resulting from marriages contracted and documents issued under the previous national law of the refugees shall be regarded as acquired rights (matrimonial system, rights of married women, etc.), provided that where necessary the formalities prescribed by the law of the country of residence are fulfilled; That the refugees be authorised, so far as the essential laws of this place of residence permit, to stipulate that this marriage state be based on complete separation of property and that the right of the wife to dispose freely of her property shall not be affected by the fact of her marriage ; It is further recommended that, in regard to divorce, the national law of a Russian or Armenian refugee shall be regarded as being either the law of his country of domicile or usual residence, or, failing such country, the law of the country in which he resides. Finally, States are asked not to refuse the exercise of certain rights and the benefits of certain privileges granted to foreigners on condition of reciprocity THE NATIONALITY OF IMMIGRANTS 97 to Russian and Armenian refugees on the ground that reciprocity cannot be obtained in their case, especially the benefit of legal aid and if possible exemption from the cautio judicatum solid ^ § 5.—The Nationality of Immigrants A very large number of international treaties are concerned with questions of nationality. They are dealt with in special bilateral or plurilateral agreements, and with regard to this subject also, clauses bearing on the matter are often inserted in more general treaties. The vast number of agreements already concluded and of negotiations still in course of progress is due to the need, keenly felt by all nations, of putting an end by means of international agreements to difficulties of every kind caused by conflicting laws, which are particularly numerous where the question of nationality is concerned. Without attempting a detailed analysis of the various clauses contained in each separate agreement reference will be made to the manner in which some of these questions of particular interest to migrants have been solved. In Volume II (Chapter XI, § 7) it is briefly explained how the combined effect of laws concerning nationality based on the jus soli (a principle admitted by most countries of immigration) and of legislation founded on the /us sanguinis (generally adopted by the important emigration countries) may be to invest a person automatically with a double nationality, resulting in a double burden of obligations. The same problem of double nationality may arise when an immigrant acquires the nationality of the country of residence through naturalisation without losing the nationality of his country of origin. Many States have sought by means of mutual agreements to avoid these conflicts resulting in double nationality. States when conferring nationality on individuals, nationals of one State residing or born in another contracting State, can avoid double nationality : (a) by adopting the principle that the regulations in force in the country of residence shall apply, (b) that those in force in the country of origin shall apply, or (c) by adopting a compromise recognised by both contracting Parties. These three methods of procedure have been utilised in international agreements. 1 Hioh Commission foe Refüöees : L. S. C. 11.1928 (1). 98 THE GENERAL STATUS OF FOREIGN WORKERS There are a fair number of treaties which are typical of the first arrangement ; they contain a reciprocal undertaking on the part of States to recognise as nationals of the other Party those of their own nationals who have been naturalised in the other State and their descendants, either from the time when naturalisation takes place [Argentine Republic-Sweden and Norway, additional Article to the Commercial Treaty of 17 July 1885; Brazil-United States, 27 April 1908; Bulgaria-United States, 23 November 1923; Ecuador-United States, 6 May 1872), or after they have continuously resided in the other State for a certain period, generally five years (AustriaHungary-United States, 20 September 1870; Denmark-United States, 20 July 1872; Germany-United States, 22 February 1868, United States-Haiti^ 22 March 1902; United States-Sweden and Norway, 26 May 1869). Other treaties, on the contrary, contain an undertaking on the part of the States to recognise as citizens of the other contracting Party individuals admitted into their respective territories who have retained the nationality of their country of origin according to the legislation of the latter (Argentine Republic-Spain, Treaty of Peace and Amity of 21 September 1863, Article 7 ; EgypUItaly, agreement of 14 April 1923 concerning the nationality of Lybians in Egypt). Registry at the consulate is required as a proof of nationality of origiu by the following treaties in particular ; Bolivia-Ecuador, Treaty of Amity of 17 April 1911, Article 2; Bolivia-Italy, Convention of Amity and Extradition, 18 October 1890, Article 4; Costa Rica-Italy, agreement concerning nationality of 6 May 1873 ; Germany-Bolivia, Treaty of Amity and Commerce of 22 July 1908, Article 4; Germany-Costa Rica, Treaty of Amity and Commerce of 18 May 1875, Article 11; Germany-Guatemala, Treaty of Amity, Commerce and Navigation of 20 September 1887, Article 10; GermanyHonduras, Treaty of Amity, Commerce and Navigation of 12 December 1888, Article 10; Germany-Nicaragua, Commercial and Consular Treaty of 4 February 1896, Article 10; Italy-Nicaragua, agreement concerning nationality of 20 September 1927. As a proof of nationality of origin, all the documents prescribed by the regulations of the country of residence may further be required (Salvador- Venezuela, Treaty of Amity, Commerce and Navigation of 27 August 1883, Article 6). Sometimes it is held that nationality of origin is retained in virtue of extra-territorial rights conferred by a treaty (agreements concerning the legal situation of nationals in Egypt ; Denmark- Great Britain, 14 July 1921 ; Greece-Great Britain, 22 August 1920; Great Britain-Norway, 22 April 1921; Great Britain-Portugal, 9 Deeember 1920; Great Britain-Sweden,. 8 July 1921, etc.). In these cases the nationality of origin is retained even in the case of children bom in the foreign country. Treaties, as a matter of fact, often stipulate that the nationality of children shall be the same as that of the father, notwithstanding laws admitting the jus solU Either the nationality of thef ather is recognised in every case ( GermanyTurkey, Convention on Residence of 11 January 1917, Article 1 ; ItalyNicaragua, 20 September 1917) or it is conceded to the first generation in the case of legitimate children at any rate (Costa Rica-Italy ; GermanyBolivia; Germany-Costa Rica; Germany-Guatemala; Germany-Honduras; Germany-Nicaragua, already referred to; France-Italy, Article 13 of the Treaty of Residence of 28 September 1896 on the subject of the nationality of Italians in Tunis). The majority of treaties, however, which enable emigrants’ descendants to retain the nationality of their country of origin also permit of an option when those descendants come of age or they contain an undertaking on the part of the country of origin to recognise the naturalisation of children born abroad at the request of the persons concerned or of their parents. There is a difference of treatment with regard to the determination of nationality and the right of option according to whether one or both of the parents are aliehs in the country of residence (cf. in this connection^ THE NATIONALITY OF IMMIGRANTS 99 the Treaty of Peace and of Amity concluded between Spain and San Salvador on 2 March 1885). An instance of a compromise with regard to nationality is afforded by the exchange of notes concerning the Nationality Decrees in Tunis and Morocco, signed by France and Great Britain on 24 May 1923. The British Government, which had initiated an appeal to the Permanent Court of International Justice on the subject of the application of these Decrees to British subjects, undertook to suspend this appeal on condition that the French Government should promise to take before 1 January 1924 the necessary steps that a British subject born in Tunis of British parents also born in that country should have the right of refusing French nationality, without this right being extended to the following generations. The French note confirms this undertaking, and adds that no attempt shall be made to impose Tunisian nationality instead of French nationality on British subjects in Tunis. As for Morocco, the question is in suspense, as it has not yet any practical interest ; but the two Governments have maintained their position on this point while reserving their rights. The recovery of nationality of origin by ex-national of a State naturalised in a contracting State has also been regulated by treaties in various ways. For instance the treaty concluded by the Argentine Republic and Spain on 21 September 1863 states that former nationality can be recovered within a period of two years if the naturalised person leaves the country where he has been naturalised, and within a period of one year if the naturalised person remains in the country where he has been naturalised. A number of other treaties enable the naturalised person to recover his original nationality if he returns to his native country. In the first place the provisions of a plutilateral Convention should be noted, concluded by the third Pan-American Conference on 13 August 1906,with a view to regulating the status of naturalised citizens and their right to resume residence in their country of origin. It stipulates that if a national of one of the contracting States who has become naturalised in another contracting State renews his residence in his country of origin, without the intent to return to that country in which he was naturalised, he shall be held to have retaken his former nationality and to have renounced the nationality acquired by naturalisation. The intent not to return to the country of naturalisation is presumed to exist when the person naturalised shall have resided more than two years in the country of his birth unless evidence is furnished to the contrary. The provisions of the Pan-American Convention of 1906, called the “Convention of Rio de Janeiro”, are also to be found in the following agreements, several of which preceded the plurilateral Convention and have been reproduced by it : the Argentine Republic- Sweden and Norway, 17 July 1885; Brazil-the United States, 27 April 1908; Bulgaria-United States, 23 November 1923; Costa Rica-United States, 10 June 1911; Ecuador-United States, 6 May 1872; North Germany-United States, 22 February 1868; United States-Haiti, 22 March 1902; United States-Nicaragua, 7 December 1908 ; United States-Peru, 15 October 1907 ; United StatesSalvador, 14 March 1908; United States-Uruguay, 10 August 1908. Other agreements stipulate on the contrary that emigrants from one State who have acquired the nationality of the other Party cannot be required, on returning to their country of origin, to resume their former nationality, except when they demand it of their own free will and renounce that which they have obtained through naturalisation; if they fulfil the conditions required they can then resume their former nationality without any period of residence in the country of origin being required {AustriaHungary-United States, 20 September 1870). loo THE GENERAL STATUS OF FOREIGN WORKERS Again, other treaties recognise that if a citizen naturalised in one contracting State should renew his residence in his country of origin, he may be readmitted to the privileges of his former nationality on such conditions as his Government may see fit to impose and the Government of the country of naturalisation shall not in that case have the right to claim him as a subject on account of his former naturalisation (Denmark-United States, 20 July 1872). Provisions are also inserted safeguarding the so-called right of “expatriation”, that is to say, ensuring that naturalised persons returning to their country of origin shall not be liable to prosecution on account of having emigrated or having omitted to present themselves for military service previous to naturalisation but after residence has been acquired bona fide in the country of naturalisation. But these treaties generally admit that a naturalised immigrant remains liable to prosecution for acts punishable by the laws of his original country and committed before his emigration or even, as some of them specify, for violation of the legal provisions which in that country regulate emigration (United States-Portugal, 7 May 1908). But, according to the terms of those same treaties, a declaration of intention to become a citizen of the one or the other country has not for either party the effect of naturalisation. Provisions of this kind are contained in the treaties already referred to, concluded by the United States with Bulgaria, Costa Rica, Denmark, the North German Confederation, Haiti, Honduras, Nicaragua, Norway, Peru, Salvador, Sweden and Uruguay. The object of some agreements is not to reach an understanding with regard to bringing their laws into harmony, but to remove eertain inconveniences resulting from the fact of double nationality, particularly as regards military service obligations. Recent examples are the treaties concluded by France with the Argentine Republic (26 January 1927), Paraguay (30 August 1927), and Peru (16 March 1927). These treaties admit that individuals born of French parents on the territory of the contracting Party and who possess both the nationality of the country of their birth and, according to French law, French nationality, will not in France be liable to military service if on arrival there they can furnish proof that they have rendered military service in the country which considers them as its citizens by birth. These agreements do not in any way alter the nationality of such individuals as it is determined by the legislation of the two countries. The treaties signed by Brazil with Great Britain (29 July 1922) and Portugal (27 November 1922) have the same purpose. The purpose of some other treaties is to facilitate the rendering of military service either in the country of residence or in that of origin at the choice of the person concerned (see this chapter, § 10). The League of Nations Committee for the Progressive Codification of International Law is engaged in a preliminary study of the question of the nationality of married women, with a RECOURSE TO THE COURTS 101 view to the conclusion of a multilateral Convention which would resolve the many legal difficulties resulting from the existence of divergent provisions on the subject in the laws of different countries. § 6.—Recourse to the Courts In the matter of recourse to the courts, the position of foreigners varies greatly in different countries, so that the need for Conventions to improve the situation is being widely realised. In this connection the numerous agreements which until recently instituted a special judicial system for the benefit of the citizens of one contracting Party on the territory of the other Party should be called to mind. Thanks to these treaties, inhabitants of Western States have for a long time enjoyed the right in Near-Eastern and Far-Eastern States of bringing their suits to “consular” courts. This so-called “capitulations” system is being abolished, as most Oriental countries which had to agree to its institution have now introduced judicial institutions equivalent to those of Western countries. Even before the war of 1914 all Western Powers had renounced their former privileges in Japan. The tendency towards the abolition of the system has become more marked since the war. Thus for instance the treaties concluded between the Allies and Turkey at the conclusion of the war terminate the capitulations, while Turkey on her part promises to grant equality of treatment with its own nationals to nationals of the contracting Parties, especially as regards free recourse to the law courts of the country. The Turkish Government declares in that treaty that the Turkish courts will ensure to foreigners in Turkey protection in accordance with international law and the principles and methods generally adopted in other countries (Lausanne Convention of 24 July 1923 concerning conditions of residence and of jurisdiction). Some recent treaties concluded by China with European Powers (with Austria on 19 October 1925, with Belgium in 1928, etc.) have taken a first step towards establishing relations of equality between China and the Western countries by renouncing the advantages conferred by the capitulations. Resolutions were adopted at the Washington Conference for the limitation of armaments on 10 December 1921 by several of the Powers ^ benefiting from the capitulations in China for the purpose of establishing a Commission to enquire into the laws and the methods of judicial administration in China and to assist the Chinese Government in effecting such judicial reforms as would warrant the several Powers in relinquishing either progessively or otherwise their respective rights of extra-territoriality 1 United States of America, Belgium, British Empire, France, Italy, Japan, the Netherlands, Portugal. Accession of Norway in 1925. 2 League of Nations : Treaty Series, No. 50 (a), Vol. XLV, p. 217. 102 THE GENERAL STATUS OF FOREIGN WORKERS In several countries recent treaties have established a transitional system. The Acts granting several of the Mandates for Territories detached from the Ottoman Empire refer to the suspension of privileges and immunities accorded to foreigners, including consular ]urisdiction. Several Treaties of Amity, Commerce and Navigation concluded by Siam with European Powers should also be mentioned, all of which contain a renunciation by those States of the system of capitulations in Siam, while at the same time making provision for a transitional period of five years, during which the consular courts will continue to function pending the putting into force of the new Siamese Code of law. The Treaty of Alliance of 1923 between Great Britain and Irak lays down another system : foreigners of European origin or extraction will be given certain judicial guarantees in Irak, of which the most important is the presence of British judges in the law courts of the country. In the same spirit, in the treaties concluded between Great Britain and a large number of States for the purpose of terminating the capitulations system in Egypt (Denmark- Great Britain, 14 July 1921 ; Greece- Great Britain, 22 August 1920 ; Norway-Great Britain, 22 April 1921; Portugal-Great Britain, 9 December 1Q20; Sweden-Great Britain, 8 July 1921, etc.),'equalitvj with British nationals is granted to the nationals of the contracting Party as regards the administration of justice, that is to say, as regards recourse to the mixed tribunals. The majority of constitutions grant protection of the country’s law courts to foreigners ; where no special conditions are imposed with regard to the exercise of that right, as is the case with certain of the constitutions of American countries, legal aid is also granted to alien poor persons on the same conditions as to nationals. But often the system differs for foreigners and for nationals. These divergences fall under three different heads : (a) foreigners may be required to make a preliminary deposit to cover the cost of the legal proceedings in which they are engaging (b) they may be subject to special physical restraint; and (c) poor persons may have no right to free legal aid, except where international agreements have been concluded to the contrary. Very many treaties exempt foreigners from the cautio judicatum solvi, and physical restraint of foreigners is also abolished as a rule ; the agreements concluded for the purpose of granting free legal aid to the nationals of contracting States should specially be noted. As a rule, treaties dealing with legal aid abolish the preliminary deposit. Among the most important treaties relating to this subject are the multilateral Conventions concluded under the auspices 1 This security is generally known as a **cautio judicatum solvi*\ RECOURSE OE THE COURTS 103 of either the Conferences on Private Law at The Hague or the League of Nations. Preliminary negotiations for the signing of a Convention on civil procedure, containing provisions on the subject of legal aid to foreigners, were opened at the Conference on International Private Law in 1896-1897. The Conference of July 1905 continued the examination of these questions, and as a result a Convention on civil procedure was signed by fifteen States on 17 July 1905. This Convention, which abolishes the cautio judicatum solvi (Article 17) stipulates that the nationals of all contracting States shall in any of the other contracting States receive the benefit of free legal assistance like the nationals of the country, if they conform to the laws of the State to which application for thë legal assistance is made (Article 20). Provisions are added relating to the procedure with regard to the delivery of a poor person’s certificate of destitution which the applicant must produce to establish his right to relief, and also with regard to the furnishing of information relating to the financial standing of the applicant (Articles 21 to 22). According to Article 23, the right to free legal aid granted in connection with a lawsuit extends to legal notifications and rogatory commissions which may have to be executed in any of the other contracting States, except for certain extraordinary expenditures. Article 24 of the same Convention establishes that “physical restraint either in order to carry out the law, or merely for the protection of the subject himself, shall not be applied in cases where such measures would not be applicable to nationals of the country itself”. A fact to which a national domiciled in the country may draw attention in order to obtain release from physical restraint should have the same effect for the benefit of the national of a contracting State, even if the fact occurred abroad. As the Convention of 1905 only applies to certain Western and Central European countries it was thought desirable to make the Convention, or at least the provisions which it embodies, world wide as far as possible. The question was submitted to the League of Nations, and in a Resolution of the Assembly dated 27 September 1923 it was decided to set up a special Committee of Experts for its examination. This Committee met in July and August 1924. As a result of the recommendations voted by it and of a Resolution passed by the Assembly on 20 September 1924, an enquiry was instituted by the Secretariat for the double purpose of assembling all documents relating to the different laws, regulations and institutions dealing with assistance to foreigners in different countries and of ascertaining whether Governments would be disposed to participate in drawing up a Convention to regulate legal aid to the poor, based on the principles formulated by The Hague Convention, and whether it might not perhaps be necessary to introduce some modifications of these principles. But as the question of legal aid to foreigners was placed on the agenda of the Conference on International Private Law at The Hague in January 1928, the Council of the League of Nations decided at its sitting of 5 September 1927 that the League would hand over the matter to that Conference for consideration. At its sitting of 28 January 1928, the Conference on International Private Law adopted a draft Convention supplementary to that of 17 July 1905, introducing some modifications and additions with regard to free legal 1 It should he noted that latex bilateral agreements conclnded between a State which is a party to the Convention and a non-member State stipulate that the provisions of the Convention shall be applied in the relations of those two States. For instance a declaration was signed by Estonia and Finland on 18 March 1924, by Estonia and Sweden on 7 Nov. 1923, and by Estonia and Simtzerland on 29 Oct. 1926 for the purpose of establishing this application of the Convention. 104 THE GENERAL STATUS OF FOREIGN WORKERS aid; besides this it elaborated a new draft Convention relating to free legal aid and to the issue free of cost of extracts from registers of births, deaths and marriages, in which the provisions of the 1905 Convention and of the supplementary draft Convention are combined; this second draft Convention is open to the signature of the States represented at the 1928 Conference and to the subsequent adhesion of all States which in their legislation have provided for free legal aid. The most important modifications of the 1905 Convention and additions to it introduced by this draft Convention are the following : definition of the subjects with regard to which the right to free legal aid is acknowledged (civil, commercial and administrative matters); extension of the right to free legal aid to poor persons residing away from the country to which application for legal aid has to be made ; the granting to poor nationals of the contracting Parties of the right to receive extracts from registers of births, deaths and marriages free of cost and to have documents legalised which are required in the event of marriage. Reference should also be made to the multilateral agreement concluded on 30 June 1928 under the auspices of the League of Nations concerning the legal status of refugees. In it States adhering to the agreement are recommended to extend the benefit of legal assistance to Russian and Armenian refugees in spite of the absence of reciprocal treatment. Further, legal aid to the poor has both before and since the meeting of The Hague Conference been dealt with in a large number of bilateral agreements. Their provisions are very similar to those embodied in Articles 20 to 23 of The Hague Convention. These agreements have in a good many cases taken the form of treaties dealing particularly with this question, many of which were covered later on by the general multilateral Convention to which the contracting Parties have adhered : Austria-Hungary-Bulgaria, 31 May 1911 ; BelgiunirSpain, 31 May 1872; Belgium-the Netherlands, 31 October 1892; Belgium-Bumania, 4 March 1881; Belgium-Switzerland, 9 September 1886; Denmark-Italy, 25 June 1883; Germany-France, 20 February 1880 (re-enforced by the Commercial Treaty of 17 August 1927, addendum to Article 25); GermanyLuxemburg, 12 June 187Ô; Germany-Turkey, 11 January 1917; FranceSaar, 14 December 1927; France-Spain, 14 May 1884; Italy-Monaco, 20 July 1871; Italy-the Netherlands, 29 January 1884; Italy-Spain, 8 July 1882. On the other hand, provisions relating to legal aid are sometimes inserted in treaties which regulate the general judicial relations between two countries. They are one of the essential elements in treaties dealing with protection of courts in general, which at the same time formulate the rights of nationals of one of the contracting Parties with regard to recourse to the law courts of the other Party, to exemption from the preliminary deposit, and to other measures extending the national system with regard to the legalisation of documents, the dispatch of papers, etc., to these foreign nationals {AustriaFrance, 4 March 1925 ; Austria-Italy, 6 April 1922 ; Austria-Poland, 19 March 1924; Bulgaria-Czechoslovakia, 15 May 1926; Estonia-Czechoslovakia, 17 July 1926; France-Czechoslovakia, 7 October 1922; Germany-Austria, 21 June 1923; Germany-Czechoslovdkia, 20 January 1922; Italy-Czechoslovakia, 6 April 1922; Rumania-Czechoslovakia, 7 May 1925). They are also to be found in treaties regulating the assistance of the law courts in all cases RECOURSE TO THE COURTS 105 with which they have to deal (Bulgaria-Serb-Croat-Slovene Kingdom, 26 November 1923 (Article 8); Germany-Bulgaria, 29 September 1911 (Article 5); Germany-Poland, 5 March 1924 (Articles 5 and 6); PolandCzechoslovakia, 6 March 1925 {Articles 4¡ to6); Serb-Croat-Slovene KingdomCzechoslavakia, 17 March 1923 (Article 15)). Finally, similar clauses are to be found in various miscellaneous treaties relating to quite different subjects in which they have been inserted for the sake of convenience. For instance, such clauses are to be found in Articles 62 to 64 of the Additional Convention of 24 October 1921 regulating general relations between the Free City of Dantzig and Poland ; in the Convention on Questions of Nationality, Legal Aid and Treatment of Indigent Persons, concluded by Costa Rica and Italy on 6 May 1873 (Articles 2 to 4); in the Treaty of Good Neighbourship concluded by Italy and the Republic of San Marino on 28 June 1897 (Artiele 8) ; in the Convention on the respective rights of the citizens of the two countries, coneluded between Latvia and Lithuania on 14 May 1921 (Artiele 12); in the following Residence Treaties : France-Italy, for the establishment of Italians in Tunis, 28 September 1896 (Article 6) ; Germany-Union of Socialist Soviet Republics, 12 Oetober 1925 (Article 15). The Residence Treaties between Bulgaria and Turkey, 18 October 1925 (Artiele 9), Poland and Turkey, 28 July 1923 (Article 9), and Switzerland and Turkey, 7 August 1927 (Article 6), provide that the question of free legal aid shall be governed by local laws until the regulation of the question by means of a special agreement. Provisions relating to legal aid are also encountered in a large number of Treaties of Amity, Commerce and Navigation : those concluded by the Dominican Republic with France, 9 September 1882 (Article 4); Mexieo, 29 March 1889 (Article 4) and Portugal, 1 May 1883 (Article 4); by France with Serbia, 18 January 1883 (Article 6), and Mexico, 27 November 1886 (Article 4); those concluded by Italy with Columbia, 27 October 1892 (Article 4), Cuba, 29 Deeember 1903 (Article 7), MexAco, 16 April 1890 (Article 12), Nicaragua, 25 January 1906 (Article 19), Paraguay, 22 August 1893 (Article 16), and Uruguay, 19 September 1885 (Article 20); those concluded by Mexico with Honduras, 24 March 1908 (Article 4), and Salvador, 24 April 1893 (Article 4). The legal position of federal States sometimes leads to the conclusion of agreements which are restricted in their scope. Some treaties concluded by the United States declare that the question of legal aid cannot be regulated as a whole inasmuch as in the United States privileges of that character are regulated by the laws of the several States ; as a consequence those United States citizens who come from a State in the Union granting this privilege to the nationals of the other contracting Party are granted reciprocal advantages by the law of the other contracting Party (example : United States-Estonia, protocol annexed to the Treaty of Amity, Commerce and Consular Rights, 23 December 1925, Article 1). Again, treaties which without reservations grant free and full recourse to the law courts of the other Party to foreigners, under the same conditions as to nationals, can be interpreted as implicitly extending the right of legal aid to destitute nationals of that Party if such right exists in the country in question. In this connection it should be noted that labour and recruitment treaties—^without specifying the right to legal aid—generally 106 THE GENERAL STATUS OF FOREIGN WORKERS grant to the workers of the eontracting Party the same judicial protection as to nationals and the same facilities of bringing their claims before the courts (cf. Chapter VII, § 1, the analysis of these treaties). Treaties relating to social insurance also sometimes mention the right to legal aid in cases where the rights of workers to the benefits of insurance are in doubt; special agreements have even been concluded on this subject (cf. Chapter VII, §5, (b), especially the agreement of 23 October 1926 between Belgium and the Netherlands). Special mention should be made of a provision of the recommendation adopted by the Seventh Session of the International Labour Conference at the same time as the Draft Convention on equality of treatment for foreign and national workers in the matter of accident compensation. In connection with the application of this Convention, Members of the International Labour Organisation are asked to take the necessary measures to enable the advantages in respect of exemption from duties and taxes, free issue of official documents or other privileges granted by the law of States Members for any purposes connected with workmen’s compensation to be extended under the same conditions to the subjects of the other members who shall have ratified the Convention. § 7.—Charitable Assistance It rarely happens that laws and regulations inside a country establish absolute equality of treatment for nationals and foreigners with regard to the giving of public charitable relief on account of the often very heavy financial burdens imposed by such aid. Though it is true that in practice from motives of humanity such help is often given in very urgent cases to foreigners on a more liberal scale than the law strictly requires, many States have found it useful to define the exact extent of those rights and to arrange how the costs involved are to be divided. Charitable assistance, therefore, is dealt with in a very large number of special agreements or is regulated by means of clauses inserted in more general treaties : residence treaties, treaties of amity, labour treaties, etc. CHARITABLE ASSISTANCE 107 The contracting Parties generally reciprocally agree to treat their respective nationals on the same footing as is accorded to nationals by the provisions in force in the place where the individual concerned resides. But the relief promised often only amounts to medical assistance, in other cases a larger measure of relief is given, while the circumstances in which application can be made and the way in which help is to be given are more or less carefully defined. The subjeet of public relief to foreigners was studied very thoroughly just before the war, with a view to a multilateral Convention. A first Congress on Public and Private Assistance was held at Copenhagen in 1910; after that a second Conference was attended in Paris on 16 November 1912 by delegates from sixteen States and a draft Convention on public relief was prepared but the war broke out before a new eonference could be held for the purpose of exchanging signatures. These negotiations have nevertheless exerted a noticeable influenee on the development of international regulations, for the important clauses of the draft Convention were partially reproduced in the treaties of assistance concluded by France with several States after the war. Agreements based on the provisions of the 1912 Conference are : the special Convention on Assistance concluded by Belgium and France on 30 November 1921 (supplemented by the administrative agreement of 13 May 1924); Articles 12 to 17 of the. Franco-Italian Labour Treaty of 30 September 1919 (supplemented by the administrative agreement of 4 and 30 .Tune 1924); a special Convention on Assistance concluded by France and Luxemburg on 4 January 1923 (supplemented by the administrative agreement by exchange of notes of 28 May-30 November 1925); a special Convention on Assistance concluded by France and Poland on 14 October 1920 (supplemented by the administrative agreement of 3 November 1926), and a Convention on Assistance concluded between France and the Administration of the Saar territory on 20 January 1928 (supplemented by an agreement of the same date). As in the case of the multilateral Convention, these agreements grant to foreigners a right to the advantáges of public assistance on the same terms as to nationals; it is given entirely free of cost where the relief is temporary, while permanent assistance is only given free of cost when certain conditions with regard to residence or other matters are fulfilled. The various agreements mentioned above stipulate that nationals of either of the two countries in need of relief, medical treatment, or any other form of assistance, owing to any physical or mental disease, pregnancy or 1 Cf. the text of this draft in a booklet published by the Bureau International dTnFORMATiON ET D’ÉTUDES POUR L’ASSISTANCE AUX ÉTRANGERS : Foscicule IX : Traités et Conventions, Paris, 1925; which also contains a collection of documents which refer to a number of bilateral treaties dealing with assistance. 108 THE GENERAL STATUS OF FOREIGN WORKERS confinement, or for any other reason, shall, for the purposes of the laws regarding public relief, receive the same treatment in the territory of the other contracting State, whether at home or in hospitals and similar institutions, as nationals of the latter State. Nationals of either of the two countries who have their families residing with them shall be entitled in the other country to such family allowances as are purely in the nature of public relief. They shall not be entitled to any allowances which are explicitly intended to encourage the national birth-rate. In respect of any costs incurred by the State of residence in furnishing public relief, whatever may be the purpose or amount of such costs, no repayment shall in any circumstances be due from the Government, departments, provinces, communes or public institutions of the country of which the person in receipt of relief is a national, except in cases expressly provided for by the treaty. The State of residence shall continue to defray the cost of relief and shall obtain no refund thereof : (1) In the case of the maintenance, whether at home or in institutions, of aged persons, invalids and incurables, provided that they have resided continuously in the country for at least fifteen years. This period shall be reduced to five years in the case of incapacity due to one of the occupational diseases to be specified in an agreement between the Parties; (2) In the case of all sick, mentally deficient or other persons in receipt of public relief, who have resided continuously in the said country for at least five years. Where medical treatment only is required, any worker who has resided in the country for at least five consecutive months in each year of the aforesaid period shall be regarded as residing continously therein; (3) In the case of children under sixteen years of age, such children shall be deemed to have resided continuously in the country if the father, mother, guardian or person in charge of them fulfils the conditions of residence specified above. On the expiration of a certain period (fixed at forty-five days in these agreements, except in the Franco-Polish Convention in which it is fixed at sixty days), upon notice given by the State of residence, the country of origin shall, at its own choice, either repatriate any persons in receipt of relief who do not fulfil the conditions of residence laid down in the preceding Article (if such persons are in a condition to be moved) or refund the cost of treatment to the State of residence. Nevertheless, except in the case of relapses, the cost of relief given by the State of residence in connection with an acute disease, certified to be such by the medical practitioner in charge of the case, shall not be refunded. This exception shall also apply to the cost of relief given to women in childbed. Repatriation shall not be compulsory in cases in which special relief is given to large families or to women in childbed. According to the Franw-Belgian Convention of 1921 (Article 6), the Franco-Luxemburg Convention of 1923 (ibid.) and the Franco-Saar Convention of 1928 (ibid.), the contracting Parties undertake to receive their nationals who are over the age of seventy years, infirm, incurable, mentally deficient, foundlings, or in any other similar situations, should the other State require their repatriation, provided that documentary evidence is produced in support of such application and that the consent of the State applied to is obtained in each individual case. In respect of all persons in receipt of relief who fall within these categories, each of the contracting Parties undertakes not to claim from the other the cost of relief given prior to repatriation up to a maximum of sixty days, or the cost of repatriation as far as the frontier. In all the treaties conforming to this type Governments undertake to provide adequate means of conveyance to hospital and ward space therein, for sick or injured workers and their families in localities inhabited by a large number of workers of the other nationality. Such contributions as CHAEITABLE ASSISTANCE 109 may be required of the employers, or voluntarily made by them for this purpose, shall not be in the nature of specific taxes on foreign labour, which may not be imposed on the nationals of the contracting Parties. Where medical treatment at home or in hospitals or infirmaries is provided and paid for by the employer, the workers shall be entitled to such treatment free of charge. The sums repayable by the State of domicile in the cases mentioned above shall not be so repayable when the aforesaid charges are defrayed by a phüanthropic society or by any other agency of the same character. Finally it is stipulated that friendly societies and associations for relief and social assistance to emigrants and associations whose rules and methods are in conformity with the laws of the country of residence in which they are established shall enjoy the same rights and privileges as are accorded to national associations of the same character. The administrative agreements supplementing the main treaties {FrancoBelgian administrative agreement of 13 May 1924, Frowco-JtoKan agreement of 4-30 June 1924, Franco-Luxemburg agreement of 28 May-30 November 1925, Franco-PoZisÄagreement of 3 November 1Q26, Franco-Saar agreement of 20 January 1928) determine methods of notifying cases relieved, of calculating the period of temporary relief, and of effecting repatriation (the costs as far as the place to which the person is sent are charged in every case to the State of residence) ; the places in each country where repatriated persons are to be handed over, the methods of exchanging information required in order to establish the right to assistance and to calculate the cost of relief in cases where this is refunded. Model forms to be used when giving particulars with regard to temporary and permanent cases of relief are annexed to each of these agreements. The Convention on the Relief of Destitute Persons concluded on 26 May 1914 between Denmark, Norway and Sweden, to which Finland gave its adherence on 11 July 1923, also deals with the various methods of giving relief. It is similar to the treaties just examined, in that it draws the same distinction between cases of temporary relief (where the maintenance of the person relieved is charged to the country of residence without any right of repatriation) and cases of permanent relief where, unless the individual relieved fulfils certain residence and other conditions, his repatriation or the refunding of the cost of relief by the country of origin can be dernanded. But repatriation is in all cases subject to consideration of the home circumstances of the person concerned and provisions are inserted to prevent the separation of families. These will not be analysed in detail, as the States Parties to the Convention have decided to introduce modifications of the system on the strength of their experience, and the negotiations for this new agreement have not yet been completed In some other treaties, all of one type, while the whole cost of public relief granted to foreigners is charged to the country of residence. States reserve the right to demand readmittance of the person relieved by his country of origin. According to the declarations on the subject of relief exchanged between Belgium and Italy on 24 January 1880, Belgium and Luxemburg on 17 July 1923, Belgium and Switzerland on 12 November 1896, Germany and Belgium on 7 July 1887, and Germany and Denmark on 11 December 1873 (supplemented on 25 August 1881 and 21 February 1898), each of the two contracting Parties undertakes to grant, within its territory, to destitute nationals of the other Party, the assistance which it affords to its own destitute nationals by virtue of the laws concerning public assistance. Repatriation 1 The new agreement was signed at Sookholm on 25 Oct. 1928. lio THE GENERAL STATUS OF FOREIGN WORKERS of destitute persons for any reason whatever shall be carried out at the cost of the country deciding on their return, which country shall furnish the persons so sent back with the resources necessary to reach the frontier. Repatriation shall be postponed as long as the health of the destitute person makes it necessary. The Italo-Belgian declaration adds that repatriation is not to be enforced if relief is necessitated only by temporary incapacity for work or if it is granted to a widow who is a natural born subject of one of the two countries and who has acquired the nationality of the other by marriage. According to these different texts, destitute persons who are incapacitated by their state of health or age from providing for their essential needs, or orphans, deserted children and insane persons, shall, if they are being treated or maintained at the public expense, only be repatriated after a request has been made to that effect through the diplomatic channel by one of the two Governments to the other. No such application shall be refused on the ground that the person in question has lost his nationality, unless he has acquired another nationality. No person who has been repatriated or conducted to the frontier and who has lost his nationality without having acquired another one can be refused admittance by the country in which he was born. Repayment of expenditure incurred under the head of relief, maintenance,repatriation, or, incase of death, for burial, cannot be demanded from the Treasury of the State to which the destitute persons belong or from the commune in which they were resident. If persons receiving relief or other persons placed under obligations on their behalf by the provisions of the civil law are in a position to pay the costs in question, the Government which has made the advance can nevertheless claim repayment before the courts of the country to which such persons belong. Where repatriation takes place, wives shall not be separated from their husbands nor children from their parents except in the case of persons receiving medical treatment or maintained out of public funds referred to above. Repatriation need not take place if it is agreed between the parties concerned that the destitute person will continue to receive relief subject to repayment of the costs by the proper persons or authorities.. The Treaty of Amity, Commerce and Extradition concluded between Bolivia and Italy on 18 October 1890, though not making such detailed regulations with regard to relief to foreigners as the treaties referred to above, promises relief in hospitals and other institutions to foreigners on a footing of equality with nationals (Article 3). Other treaties limit the granting of relief to medical aid. Among these are the following treaties : Argentine Republic-th eNetherlands. Convention on Medical Relief of 29 September 1910*; AustriaItaly, Convention on Relief of 25 June 1896 (re-enforced on 15 January 1921); Bulgaria-Italy, exchange of notes on 31 October 1880 and 20 April 1881 ; Bulgaria-Serb-Croat-Slovene Kingdom, Convention on Medical Assistance of 26 November 1923 (physical and mental diseases); Bulgaria-Czechoslovakia, Convention on Medical Assistance of 6 June 1925; Costa BicaItaly, Convention on Medical Assistance of 6 May 1873 ; Dominican BepublicItaly, Treaty of Commerce and Navigation of 18 October 1886 (Article 25); Germany-Austria-Luxemburg, declarations relating to relief of 11 July 1853; Germany-Italy, declarations relating to assistance of 8 August 1873 * A treaty containing tlie same proTiaiona aa the Netherlands-Argentine Republic treaty was s^nëd by the Argentine Republic and Belgium on 22 Oct. 1924, but has not yet been ratified. In Aug. 1928, according to the press, treaties dealing with relief were concluded between the Argentine Republic and Denmark and the Argentine Republic and the Serb-Croat-Slovene Kingdom. CHARITABLE ASSISTANCE 111 (for physical and mental diesases); Germany-the Netherlands, Residence Treaty of 17 December 1904 (Article 5); Germany-Switzerland, Residence Treaty of 13 November 1909 (Article 6); Germany-Turkey, Residence Treaty of 11 January 1917 (Article 9); Italy-Luoeemburg, exchange of notes on free assistance to destitute sick persons of 28 January-25 February 1881; ItalyMonaco, Convention on relief to destitute sick persons of 20 July 1871 ; Italy-San Marino, Treaty of Amity and Good Neighbourship of 28 June 1897 (Article 33) ; Italy-Switzerland, declaration on relief to siek and destitute persons of 6 and 15 October 1875; Poland-Serb-Croat-Slavene Kingdom, Convention on medical aid of 9 May 1923; Portugal-Switzerland, declarations on assistance to destitute persons of 16 May 1898. The majority of these treaties stipulate that free assistance shall be granted to sick persons until the person in question can be repatriated without danger to himself or to others. The contracting Parties are not to claim repayment by the Treasury of the other State of hospital expenses, and, in case of death, funeral expenses; but these expenses can be charged to the person relieved or to his relatives if they are able to bear them, and in such case the Governements of the two countries shall coroperate in order to have this expenditure repaid. Another group of treaties relating to relief comprises agreements which permit the nationals of the one Party to avail themselves of the different charitable institutions of the other Party, but do not give relief in so far as the whole cost of such assistance is borne by the country of origin instead of by the country of residence for the whole of the period during which relief is given. The agreement relating to social welfare concluded between Latvia and Lithuania on 21 May 1924 may be cited as an example. It stipulates that assistance may be lent in the form of admittance to homes and hospitals ; it may take the form of grants in money and food, or burial may be provided for. Assistance must be lent to nationals of the contracting Party in the same circumstances and in conformity with the regulations laid down for nationals. If the need for assistanee eontinues for a period exceeding six months, or in the event of chronic or incurable disease, each of the two States shall have the right to demand repatriation at the expense of the State to which the person assisted belongs, except in cases where, on grounds of health or for family reasons, it is impossible. The agreement makes arrangements for the notifleation of particulars concerning cases assisted, and provides for the half yearly settling of aecounts. The agreement relating to social welfare concluded between Estonia and Latvia on 22 November 1924 (supplemented by the Additional Protocol of 3 March 1926) contains similar provisions. A system intermediate between the giving of relief and the advancing of money is adopted in the clauses relating to relief in the Commercial Agreement made by means of an exchange of notes between Lithuania and Switzerland on 28 October 1922 and 15 March 1925. The contracting Parties undertake to ensure that destitute persons who are in need of assistance, especially those suffering from physical and mental diseases,deserted children and other persons unable to provide for their essential needs, shall, if necessary, be assisted and cared for at the expense of the country of residence. Every case shall immediately be notified to the representative of the contracting Party, who, as soon as he receives this information, shall make himself responsible for the cost of relief, and shall, where circumstances permit, obtain repayment from the person assisted. 112 THE GENERAL STATUS OF FOREIGN WORKERS In addition certain general treaties (of residence, commerce, navigation, etc.) provide for the opening of negotiations on the subject of relief at a future date. ( Germany-ihe Union of Socialist Soviet Republics, 12 October 1925; Italy-Greece, 24 November 1926; Italy-Czechoslovakia, 28 Mareh 1921 (Article 85), etc.) Some treaties dealing with special classes of persons to be relieved remain to be eonsidered. As regardsworkers in particular, it will be seen in Chapter VII, § 1, that a large number of labour treaties or recruitment agreements either recognise the right to relief of workers and their families and of all nationals of the eontraeting Parties {France-Italy, 1919; France-Poland, 1920; Italy-Luxemburg, 1920), or else contain special provisions relating to the special rights of workers recruited under the agreement {China-Great Britain, 1904; Germany-Poland, 1927; GermanyCzechoslovakia, 1928; State of Sao Paulo, Brazil, and Poland, 1927). Clauses relating to medical aid to workers are also sometimes inserted in model labour cpntraets drawn up by mutual agreement between the Governments of the States eoncerned (cf. Chapter VII, § 2), or in other cases in agreements supplementing labour treaties, as for instance in the Franco-Czechoslovakian agreement of 28 May 1925, which grants free medical aid to Czechoslovakian workers recruited for French enterprises. A large number of treaties also deal with the relief to be given to distressed seamen on shore. The earliest of these agreements is that concluded between France and Great Britain on 5 November 1879. It stipulates that : “When a seaman belonging to one of the two contracting States, after serving on board a ship belonging to the other State, happens, owing to shipwreck or other causes, to be reduced to a state of distress, whether in some third country or in the colonies of that country, or in the colony of the State under whose flag the ship sails, the Government of this latter State shall be obliged to assist the seaman until he finds another ship or other employment, or until his arrival in his own country or the colony of his own country, or until his death. “It is understood that a seaman in such a situation must take the first opportunity which presents itself of furnishing to the competent authorities of the State, whose assistance he claims, proof of his destitution and its causes. He must further prove that this destitution is the natural consequence of his leaving his ship, failing which the seaman shall lose his right to assistance. “He shall also lose this right if he has deserted or has been dismissed from his ship for having committed a crime or misdemeanour, or if he has left it owing to incapacity for work caused by a disease or disablement resulting from his own fault. “The assistance rendered shall include maintenance, clothes, medical attendance, medicines, travelling expenses, and, in case of death, funeral expenses.” RELIEF OF MINORS AND INCAPACITATED PERSONS 113 The following agreements contain similar provisions : Austria-HungaryGreat Britain, 26 November 1880; Austria-Hungary-Italy, 13 February 1889; Austria-Hungary-Spain, 11 March 1889; Denmark-Great Britain, 25 July 1883; Denmark-Italy, 21 May 1885; Denmark-Sweden-Norway, 10 August 1883 (supplemented as regards Denmark and Norway by the notes exchanged from 19 May-26 June 1926); France-Italy, 1 January 1882; Germany-Denmark, 31 March 1885 ; Germany-France, 16 May 1880; GermanySweden-Norway, 31 May 1881 (supplemented on 5 November 1908); Great Britain-Italy, 8 June 1880; Great Britain-the Netherlands, 20 May 1912; Great Britain-Sweden and Norway, 12 July 1881 (supplemented by the agreement of 28 November 1907-4 May 1908); Great-Britain-Sweden, 25 August 1909; Italy-Norway-Sweden, 12 June 1881; the NetherlandsSweden, 2 May 1913; Norway-Italy, 18 August-10 September 1908; SwedenNorway, 25 August 1909. § 8.—The Relief of Minors and Incapacitated ^ Persons In this section provisions specially relating to the relief of minors and incapacitated persons are examined. It should be noted first of all that agreements relating to the relief of destitute persons in general imply the giving of charitable assistance to minors and “incapacitated persons” in cases where social relief is promised to all nationals of a contracting Party on the same footing as to nationals, it being understood that such relief must be within the scope of the charitable institutions of the contracting States. But in addition treaties frequently contain a clause establishing special machinery of relief, in the case of children below a certain age living with their relations on the territory of the other contracting State, and of isolated, orphaned or abandoned children or of incapacitated persons. On the other hand, there are special treaties as well which regulate the giving of assistance to minors or incapacitated persons. The provisions relating to these two classes of persons arrange for their maintenance as well as for their repatriation. Provision for repatriation is quite frequently made, because as a rule the individual concerned requires relief during long periods of time. (a) Minors From a humanitarian point of view the conditions obtaining in different countries with regard to charitable assistance to minors and to their repatriation are of special interest; for this 1 i.e. persons under legal disability. 8 114 THE GENERAL STATUS OF FOREIGN WORKERS reason the League of Nations Committee for the Protection and Welfare of Children has made a study of the questions; as a result of the first discussions a draft multilateral Convention was drawn up, of which the object was to organise the repatriation of minors who had escaped or had been taken from the custody of their parents or guardians. Further, a preliminary study is being made of such questions as that of the maintenance and relief of minors. It should be noted that for emigrant workers and their families a special interest attaches to an international agreement regarding the enforcement of the obligation on the part of a breadwinner in a foreign country to maintain his family. Again, the peculiar situation of minors who have emigrated for the purpose of taking up employment, and especially those recruited by means of a labour contract, ought to receive special consideration. As regards the organisation of charitable assistance to minors by means of bilateral treaties, in the preceding paragraph a number of provisions relating to minors were enumerated. Special reference in this connection should be made of the treaties dealing with relief concluded by France with Belgium, Italy, Luxemburg, Poland and Switzerland which are based on the draft multilateral Convention of 1912 (cf. page 107) and to the declarations on the subject of relief exchanged by Belgium and Italy, Belgium and Luxemburg, Belgium and Switzerland, Germany and Belgium, and Germany and Denmark-, the Convention on the relief of destitute persons concluded by Denmark, Norway, Sweden and Finland also contains clauses relating to the relief of minors. Further a treaty concluded between France and Switzerland on 27 September 1882 deals specially with this question. This treaty provides for reciprocal assistance to deserted children and destitute insane persons. Each State undertakes to secure that within its own territory deserted children who are nationals of the other State receive relief and are treated on a footing of equality with nationals until their repatriation can be safely effected. Repayment of expenditure incurred under the head of such relief or treatment, or repatriation as far as the frontier or of burial cannot be demanded from the Treasury, from the funds of local authorities or from other public funds of the State to whieh such persons belong. If persons receiving relief or other persons whose duty it is to maintain them are in a position to pay the costs in question, the right to claim repayment is duly reserved and each of the two contracting Governments undertakes, when application is made through diplomatic channels, to extend such support to the other Government as is compatible with the laws of the country in order to secure repayment. RELIEF OF MINORS AND INCAPACITATED PERSONS 115 In other cases minors are repatriated not as a measure of personal relief, but together with their parents with whom they have resided in a foreign country. Several treaties declare that children under the age of sixteen {BelgiumSwitzerland, 12 November 1896) or minor children residing with their parents ( Germany-Switzerland, 13 November 1909, the Netherlands-Switzerland, 7 May 1910) may not be separated from their parents and that an obligation rests on their parents’ country of origin to readmit them in company with the head of the family, even when they are not and never have been nationals of that country, always providing that they have not become nationals of the other State (the country of residence) or of a third State. In the same humanitarian spirit some treaties—without precisely stating that minor children are not to be separated from their parents-—declare that the repatriation of a foreigner in receipt of relief may not be enforced if family circumstances do not allow of it {Lithuania-Latvia, 21 May 1924). Nevertheless some of these treaties, while guarding against the separation of families up to a certain point by providing for the repatriation of foreigners in receipt of relief, together with their families and their children under sixteen years of age, relinquish this humanitarian principle in cases where a minor requiring continued relief would have to be maintained in his parents’ country of residence at the cost of that country. Articles 2 and 3 of the agreement relating to relief concluded between Belgium and Switzerland on 12 November 1896 provide that in such a case the minor can be repatriated in spite of the separation involved. It should also be noted that such separation is also possible where a minor’s nationality is not the same as that of his father (nationality of the country of residence or of a third State), so that the various members of a family are treated on a different basis, as is provided in the treaties cited above, between Germany and Switzerland (13 November 1909) and the NetherlandsSwitzerland (7 May 1910). In fact, owing to the working of nationality laws, children may possess a nationality which differs from that of their parents, and—particularly in -virtue of the jus soli—^they may be claimed as nationals by the country in which the family resides at the moment when the father is liable to repatriation by that State as a foreigner in receipt of relief. The following clause contained in the Germano-Swiss Residence Treaty of 13 November 1909 (Article 18) may be cited as being interesting in view of the difficulties that are sometimes encountered when the nationality of children that have to be relieved is doubtful : “The contracting States undertake on the request of the other Party to admit persons who are in need of relief on account of their youth and who neither belong nor have belonged to either of the two States, when these persons have, owing to their situation, previously been admitted into an institution of the country and have escaped while residing therein to the territory of the other State. This obligation is Valid only where the application for readmittance is lodged within six months of the escape.” The repatriation of minors who have escaped from the custody of parents or guardians has been dealt with in two agreements, one in the form of an exchange of notes between Belgium and the Netherlands of 21 July 1913, the other concluded between Belgium and France on 17 July 1925. The main provisions of these agreements are similar; the Governments undertake to take the necessary steps to repatriate to their respective 116 THE GENERAL STATUS OE FOREIGN WORKERS countries minors, nationals of the other Party, who are found on their territory against the wishes of persons (or institutions) to which national legislation (or decision of a Court) has confided their guardianship or who have eseaped from or have been taken from institutions or persons to whose care they had been entrusted. Repatriation takes place on condition that this right of guardianship has not been respected without having been called into question and that repatriation appears to be in the interest of the minor. The Franco-Belgian Convention, in order to establish the desirability or otherwise of repatriation, provides that the magistrate competent to grant the request shall examine the child and also the persons with whom the child has taken refuge. The persons exercising parental authority or the right of guardianship must address their application to the court (parquet) of their place of domicile, which latter forwards it direet to the competent court of the minor’s place of residenee. If authorisation for repatriation is given, the courts of the two countries must come to an agreement as to the place and time of repatriation. Each country must bear the maintenanee or travelling expenses oeeasioned on its territory by the minor’s journey. (b) Incapacitated Persons Numerous international agreements have been concluded for the purpose of organising the relief and repatriation of incapacitated persons. In addition to the general treaties dealing with relief already mentioned, which secure every kind of assistance to nationals of the contracting Party of which they may stand in need, to treaties in which persons suffering from mental disease are specially mentioned as having a right to relief, and to agreements which class them with persons in receipt of permanent relief who must be repatriated, a great many agreements specially deal with the relief and repatriation of insane persons. Some provisions in these treaties organise treatment in the lunatie asylums of one State for the nationals of the other State or even for foreigners residing in that State. This is the case with regard to the provisions relating to insane persons contained in the Customs and Good Neighbourship Convention, signed by France and Monaco on 10 April 1912 (Article 19). But the main purpose of most treaties having reference to the insane is to oblige the Government of the country of residence of insane persons to furnish the Government of their country of origin with particulars regarding the cases admitted to asylums and released from them, and the deaths among inmates of such asylums. Such agreements, which generally take the form of an exchange of notes, have been concluded by the following countries : the Argentine Republic-Norway, 7 October 1924; AustriaSweden, 26 May 1921-10 April 1922; Belgium-Great Britain, 6 May 1927; Belgium-Luxemburg, 17 July 1923 and 2-13 April 1928; Belgium-Sweden, 25 October 1922; Chile-Norway, 30 April-27 July 1923; Denmark-Norway, 14-30 November 1923; Denmark-Sweden, 6-16 duly 1626^; Estonia-Sweden, 17 January 1923-30 August 1924; Finland-Norway, 9 March-28 April 1923; 1 Notes exchanged on those dates also have reference to Iceland. INSTRUCTION IN SCHOOLS 117 Finland-Sweden, 23 May-29 July 1921 ; Fr anee-Norway, 14 March-1 October 1923; France-Sweden, 27 May-9 November 1921; Germany-Switzerland, 18 July-17 October 1910; Cheat Britain-Norway, 2-5 June 1924; Great Britain-Sweden, 25 May-21 September 1921 ; Hungary-Sweden, 26 May 192126 February 1923; Japan-Norway, 23 Oetober-6 November 1923; JapanSweden, 1-5 May 1923*; Luxemburg-Sweden, 15 June 1921-11 April 1923; Mexico-Norway, 14 March-1 October 1923; Meañeo-Sweden, 28 July17 October 1922 ; Norway-Sweden, 25 May 1921-5 May 1922 ; Poland-Sweden, 30 May-27 December 1921; Portugal-Sweden, 4 July-20 September 1921; Sweden-the Netherlands, 24 March 1909-12 October 1910; Sweden-Czechoslovakia, 28 June 1921-7 September 1921 ; Switzerland-Sweden, 27 May29 November 1921. According to these agreements, couched in similar terms, the particulars given must include all relevant information regarding the personality of the invalid, his civil status, the place where he last resided in his native country, the place where he resided when he was admitted to the asylum, the address of the institution, and the state of his illness. In cases where repatriation is demanded by the country of origin, the number of warders required to accompany the invalid must be indicated. § 9.—Instruction in Schools There are very few treaties as yet which deal with the rights and duties of immigrants as regards education. Nevertheless, such agreements relating to this subject as have been drafted or concluded are an index of an increasing interest in the question and ought therefore not to be passed over in silence. Negotiations on the subject of education have been conducted from two points of view : they either deal with the right of foreigners to enjoy the advantage of the instruction given in the institutions of the country, or with the right to establish on foreign territory special educational institutions for emigrants, in which instruction may be given in the language of their country of origin. The right of foreigners to benefit by the instruction given in each country is fairly generally recognised by laws and custom, but it is sometimes formally confirmed by treaties granting every facility to nationals of the contracting Parties with regard to attendance at such institutions. On 18 September 1925, Austria and Prussia signed an agreement concerning reciprocal assistance with regard to compulsory education. France and Switzerland, not long after the coming into force of their legislation regarding compulsory education, concluded an agreement (on 14 December 1887) with the object of securing the observance in the two States of their respective legislation regarding compulsory free elementary education. ^ The agreements concluded by Japan do not mention the possibility of repatriation. 118 THE GENERAL STATUS OF FOREIGN WORKERS It stipulates that Swiss nationals in France and French nationals in Switzerland shall enjoy the same rights with regard to all matters relating to the compulsory attendance at elementary schools and to the free grant of public elementary education. Care will be taken that nationals of the other Party regularly attend the schools.; persons in charge of children of school age are subjected to the same penalties in cases of non-observance of the law. Besides this, in France Swiss children over the age of thirteen who are natives of cantons where they are obliged by law to attend school above that age, are granted the right to be admitted to secondary, technical and higher schools or courses of instruction, under the same conditions as French children residing in the commune. The enforcement of Compulsory Education Acts in the case of emigrant children is also promised by the Franco-Polish agreement of 17 April 1924, which supplements the Convention on Emigration and Immigration, by the Emigration Agreement concluded by Brazil (State of Sao Paulo) and Poland on 19 February 1927, the ItaloLuxemburg Labour Treaty of 11 November 1920, etc. (see Chapter VII, § 1). The Consular Convention concluded between Albania and Italy on 29 February 1924 (Article 15) and the Commercial Treaty concluded between Italy and Czechoslovakia on 23 March 1921 (Article 35) provide for subsequent agreements to make regulations for the reciprocal enforcement of Education Acts. Coming to secondary and higher education, the note appended to the Treaty of Peace and Amity concluded between Germany and China on 20 May 1921 should be noted, in which Germany promised China that she will freely admit Chinese students to her schools, and will facilitate the practical apprenticeship of young Chinese; also Article 7 of the Commercial Treaty of 27 June 1923 concluded between Germany and Estonia, relating to the admission of Estonians to German schools and universities. Agreements have also been concluded by France and the Principality of Monaco on 10 April 1912 to authorise the admission of children from Monaco to PVench schools ; and by France and Serbia on 9 November 1916 and on 27 November 1917 to grant every facility to young Serbians who wish to study at French schools, universities or technical and trade schools. In the same way, in a final Protocol appended to the general preliminary Convention signed by Afghanistan and Switzerland on 17 February 1928, every facility is promised to young persons whom the Afghan Government wishes to send to Switzerland for study. Of a similar kind are the agreements relating to the admission of student employees to agricultural, commercial and industrial establishments of the other Party, regardless of prevailing economic conditions (cf. Chapter VII, § 4) and the treaties which were mentioned in Chapter IV, § 2, granting special facilities to students as regards admission into a country [China-United States, etc.). Treaties may also make arrangements for an exchange of university students and professors (e.g. Belgium-Luxemburg, 21 September 1923, and Belgium-Poland, 1 September 1925), or for the equal recognition of foreign university degrees in the case of students wishing to continue in the university of one country studies which they commenced in those of another (e.g. Costa Rica-Spain, S March 1925). INSTRUCTION IN SCHOOLS 119 The provisions of other treaties touch on the much more delicate subject of the right of the country of emigration to provide instruction for its own nationals on the territory of the country of immigration. This right is often sought or claimed by emigration countries, but is granted only occasionally and with manifest reluctance by immigration countries, which are afraid of allowing such centres of foreign culture, hostile to the assimilation of immigrants, to be formed within their own territories, Italy, nevertheless, has succeeded in having this right recognised. The Labour Treaty signed with Luxemburg on 11 November 1920 specially stipulates in Article 7 that the contracting States will have the power to establish schools or organise secondary courses for the special purpose of teaching the respective native languages within the territory of the other Party. As regards the residence of Italians in Tunis, the agreements of 28 September 1896 and 12 September 1919 enable Italian schools in Tunis to be governed by the same regulations as French schools. With regard to the situation in France and Italy, Article 22 of the Labour Treaty of 30 September 1919 states that equality of treatment as between nationals of the two countries is sufficiently established in each of the two States by their respective Education Acts in the matter of admission to public primary schools and the institution of private schools; nevertheless the two Governments reserve the right to negotiate a Convention on the subject of education and to embody in it any measures necessary in order to facilitate the primary and technical education of immigrant workers and their families. It should also be called to mind that the International Labour Conference of 1921 adopted a Recommendation relating to technical agricultural education; it requests Members of the International Labour Organisation to make such education available to “agricultural wage earners” and this wide term covers foreign workers as well as national workers. Allied to the question of instruction in schools is that of apprenticeship; this has been dealt with in Chapter VII. 120 THE GENERAL STATUS OF FOREIGN WORKERS § 10.—^Miscellaneous Questions In this last section no more than a brief survey can be made of a few other problems connected with the residence of foreigners, which questions are so technical that any detailed treatment of them would require prolonged and thorough study. (a) Property Rights of Foreigners Property rights of every description are generally defined by residence clauses in treaties : rights of real and personal property, of artistic and literary property, the right to dispose freely of property acquired, to alienate it and lease it, to enter into every kind of transaction with regard to it, such as purchases, gifts, contracts, etc., the right to possess property in any place or restrictions imposed in this respect The equality of treatment with nationals, which a great many treaties establish on thia subject, has a wider or narrower signification according to the legislative provisions in force in the contracting countries This equality of treatment, where a country’s legislation does not impose any restrictions on the property rights of foreigners, merely extends to the ordinary regulations in force, but in other cases clauses granting equality of treatment in this respect confer a considerable advantage on the nationals of the contracting Party in comparison with the usual regulations in force concerning foreigners. For example, reference may be made to the Residence Treaty which was. concluded at Lausanne by France, Great Britain, Italy, Japan, Greece,, Rumania, and the Serb-Croat-Slovene Kingdom, with. Turkey on 24 July 1923 at the same time as the Treaty of Peace ; also the Residence Treaty concluded between Germany and Turkey on 12 January 1927. These treaties place the nationals of the contracting Parties on a footing of perfect 1 It should he noted that the draft multilateral Convention on the treatment of foreigners, drawn up in 1928 by the Economic Committee of the League of Nations, lays down in principle (Article 10) complete equality of treatment as between foreigners and nationals in relation to property rights; certain exceptions are nevertheless made in cases where restrictions of these rights are prompted by considerations of security or national defence or in exceptional cases by an abnormal economic situation (Document C.174,. M.53, 1928 II). 2 On the subject of legislative restrictions on the property rights of foreigners in certain countries, see Vol. II, p. 424. MISCELLANEOUS QUESTIONS 121 equality with nationals as regards property rights in Turkey, while the other residence treaties concluded by Turkey make a reservation as to the enforcement of the legislative provisions in force in the country, that is to say, of the Turkish prohibition with regard to the acquisition by foreigners of immovable property situated in country districts or in villages. This reservation is encountered, for instance, in the residence treaty concluded between Switzerland and Turkey on 7 August 1927. (b) Taxation Coming to fiscal matters, it is not uncommon for treaties to exempt nationals of a contracting State from extraordinary duties and taxes in conneetion with commereial or other matters, or else to place them on the same footing as nationals with regard to taxation. It should be noted, for instance, that, thanks to such a clause inserted in the Consular Convention concluded between Spain and France on 7 January 1862, Spain has recently been able to establish the right of its nationals to exemption from payment of the tax which has to be paid by foreigners in France on the delivery of their identity cards In order to avoid the granting of sueh exemptions, reeent treaties eoncluded by Franee contain a reservation as to the equality promised in the ease of stamp duties whieh foreigners have to pay in connection with certain administrative aets. Some treaties also grant the right to eertain special exemptions which nationals enjoy in certain cireumstanees—as, for instanee, exemptions on aecount of responsibilities due to large families. Such a clause was inserted in the Commercial Treaty concluded between Austria and France on 16 May 1928 (Article 20) and in several labour treaties (ef. Chapter VII, § 1). Special agreements with this purpose in view have, been coneluded as well, among which those concluded between Belgium and France on 9 December 1925, France and Luxemburg on 16 January 1926, France and the Netherlands on 8 February 1927, and France and the Saar on 12 November 1928 may be cited. The purpose of other exemptions granted by treaties is to avoid double taxation. In this connection the preparatory work should be mentioned which the Eeonomie Committee of the League of Nations has recently undertaken with a view to 1 Cf. Nuestra Emigración, Madrid, Ano XI, No. 122, April 1927, p 61. 122 THE GENERAL STATUS OF FOREIGN WORKERS the drawing up of a multilateral Convention to eliminate cases of double taxation \ Some bilateral treaties refer to this problem as well. In Chapter VII, § 1, in the analysis of the agreements eoncluded by Germany With Poland on 24 November 1927 and with Czechoslovakia on 11 May 1928 (Article IT), stipulations will be found exempting seasonal workers whose permanent home is in their native country from a tax on wages. On 24 March 1923 a special agreement was concluded between Germany and Switzerland to avoid double taxation of wages. Further, labour and social welfare treaties often contain provisions relating to duties and taxes on labour. Some of these introduce recruitment taxes ( Germany-Czechoslovakia, 11 May 1928, Article 13; Portugal, Mozambique-Southern Rhodesia, 22 July 1925, Articles 4-9; South Africa-Portugal, Mozambique, 11 September 1928, Articles 9-11, etc.). Others, on the contrary, exempt the workers in question from all recruitment taxes (Germany-Serb-Croat-Slovene Kingdom, 22 February 1928, Article 15) or prohibit the levying of any tax on employers engaging foreign workers (Belgium-France, 30 [November 1921, Article 5; France-Italy, SO September 1919, Article 16; Ftance-Luxemburg, 4 January 1923, Article 5; France-Poland, 14 October 1920, Article 10; France-the Saar, 20 January 1928, Article 5); others again stipulate that no special tax can be imposed on nationals of the contracting Party on account of their taking up employment (Belgium-France, 24 December 1924, Article 9; France-Italy, 30 September 1919, Article 21 ; France-Poland, 9 December 1924, Article 29). (c) Services and Obligations It is usual for treaties containing residence clauses to exempt nationals of the contracting Party from the performance of certain duties—such as that of military or civic service—imposed on their inhabitants by the majority of States, and from the different obligations to which they may be liable But this is not an absolute rule. It sometimes happens that the granting to foreigners of all the rights and privileges enjoyed by citizens, entails their liability to perform the various duties and obligations imposed on those citizens. Such a clause is to be found for instance, in the Treaty of Peace and Amity concluded between 1 Leaove of Nations : Double Taxation and Fiscal Evasion : A Bcport Presented try the Meeting of Government Experts. Geneva, 1928 (C.562. M.178-1928 11-49). ä Such exemption from extraordinary serrlce and from military oWlgations is established by Article 11 of the draft multilateral Convention on the Treatment of Foreigners drawn up by the Economic Committee of the League of Nations (Document C.174. M.53. 1928 II). MISCELLANEOUS QUESTIONS 123 Guatemala and Salvador on 8 May 1876 (Article 7) Other clauses are inserted in treaties with the objeet of preventing the nationals of either party from evading their military service duties; such clauses are eneountered in the Residence Treaty signed by Germany and the Netherlands on 17 December 1904 and in the Residence Treaty between Germany and Switzerland dated 13 November 1909. Other treaties again facilitate the performance of military service by nationals of one contracting Party in the army of the other Party (e.g. the Commercial Treaty between Spain and Italy dated 26 February 1888, Article 2, and the treaties concluded by the United States with France on 3 September 1918, with Great Britain on 3 June 1918; with Greece on 30 August 1918, and with Italy on 24 August 1918). As has been previously observed, the nationals of the contracting State as a rule receive exemption from all extra ordinary contributions as well. As regards fiscal regulations and charges, the position of foreigners is therefore often more favourable than that of the inhabitants. (d) Consular Protection Protection of the person and property of emigrants is frequently organised by means of treaties; in Chapter VII ( § 5, a), provisions relating to the special protection of workers will be examined. In a general fashion individuals residing abroad receive protection through the consul of their native country, one of whose principal duties it is to give such protection. The d.uties and privileges of consuls in this respect are determined on the one hand by consular legislation and regulations (this subject has been referred to in Volume I, from page 339 onwards), and on the other hand by Consular Conventions or by provisions in Residence or Commercial Treaties specially referring to this subject. It is not proposed to examine all of these treaties in detail. As a rule they place the persons and property of the nationals of a State under the protection of the consuls and 1 The draft plurilateral Convention adopted by the sixth Pan-American Conference (Cuba, 1928) contains a similar stipulation on the equality of foreigners and nationals with r^ard to fiscal and other duties (Sexta Conferencia internacional americana : Acta final. Havana, 1928, p. 64). 124 THE GENERAL STATUS OF FOREIGN WORKERS consular agents appointed by it, especially minors and incapacitated persons, for whose guardianship or curatorship they must make arrangements. It is often provided that consuls are to be immediately advised by local authorities of the death of nationals of the State from which they hold their appointments, and that they must take steps to safeguard the inheritance. They have also to receive declarations made by such nationals at the consulate, at the home of the persons concerned or on board vessels flying the flag of the State which they represent. But apart from sueh provisions, certain treaties provide for a more active intervention on behalf of emigrants. Thus the treaties eoncluded by the United States with various European countries authorise consuls to liquidate business relating to compensation for industrial accidents (cf. Chapter VII, § 5, d) in the name of nationals of the State which they represent, if the latter do not reside in the country. Several consular Conventions concluded by Italy (with the Serb-CroatSlovene Kingdom on 21 August 1924, with Czechoslovakia on 1 March 1924) contain a clause in virtue of which consular officials of each Party ate entrusted with the protection of nationals of the State which they represent when the latter enter their area as emigrants or repatriated persons, also with the safeguarding of their interests at the moment of their passing through that area, especially in regions where there are ports. With this object in view consuls can address complaints to the authorities in their consular districts as to any infraction of rights conferred by treaties which have been concluded between the two Parties, and as to any abuses with regard to which nationals of the State by which they have been appointed may have to make complaints. The authorities are obliged to reply to requests made to them by the consular officials. If the request is made in writing, the reply must also be given in writing. If consular action remains without effect diplomatic action can be resorted to. Written intervention must be made in the official language of the State in which the consular official resides. TREATijES DEALING WITH LABOUR, RECRUITMENT, ETC. 125 CHAPTER VII PROVISIONS RELATING TO FOREIGN WORKERS Side by side with agreements regulating emigration in general or which determine completely or partially the status of the settled emigrant—this term being taken to mean any individual settled in a foreign country—agreements exist which regulate more especially emigration for the purpose of finding employment. These establish conditions for recruitment and placing in employment of emigrant workers, or at least lay down rules for their admission to the occupations considered and the conditions under which they are to live during their stay in the country where they are employed. These measures will now be considered under the following headings : Í1) various kinds of treaties dealing with labour, recruitment and the placing of workers; (2) model labour contracts prescribed by such agreements or drafted subsequently in accordance with their provisions; (3) treaties regulating the admission of workers to certain occupations or professions; (4) treaties relating to vocational training; (5) treaties relating to the application of labour laws in the case of foreign workers. § 1. — Treaties dealing with Labour, Recruitment and the Placing of Workers Treaties relating to international migration movements exist in great variety. Some of them, called labour treaties, lay down general regulations governing the emigration of workers and determine the conditions under which those coming from one contracting Party’s territory shall reside in that of the other 126 PKOVISIONS RELATING TO FOREIGN WORKERS contracting Party. Others are recruitment treaties which create the organisations through which labour is to be recruited and determine their methods of working. Others again deal only with the placing of workers and the conditions of their employment. It rarely happens, however, that such treaties are strictly limited to one subject. In most cases they deal with several subjects, sometimes with a very large number. Matters relating to collective recruitment, for instance, may be accompanied by provisions relating to voluntary emigration, as for instanee in the Franco-Polish Convention, of 1919 and the Franco-Czechoslovak Agreement of 1920. Complex treaties like the Franco-Italian Labour Treaty of 1919 or even those—^like the Franco-Belgian Labour Treaty of 1924 and the Belgo-Luxemburg Labour Treaty of 1926—^which, though briefer in substance, embrace a wider range of principles, are emigration treaties and labour treaties, at one and the same time; as also are certain kinds of residence treaties, parts of which are applicable not only to the dependants of workers but to all nationals of the contracting States. Further, the contracting Parties, according to the stage of development reached by their social legislation and to the relations already established by agreement between them, often insert provisions relating to the application of social insurance laws or other measures passed for the welfare or relief of their inhabitants. The great variety existing in the subject matter of these treaties makes it impossible to classify them according to subject. Moreover, States do not as a rule regulate once for all the whole of the labour questions in which they are interested by a single treaty. They proceed by means of successive treaties, supplementing each other, until a complex structure is formed constituting a code of regulations to suit present needs and undergoing continual amendment. Further, a great many treaties in which basic principles axe formulated provide for additions of a practical kind to be made by agreement between the competent administrative authorities ; sometimes provision is even made for conferences to be held from time to time with that object in view. Understandings reached in this fashion are not always embodied in formal public agreements capable of being dealt with here. TREATIES DEALING WITH LABOUR, RECRUITMENT, ETC. 127 Treaties relating to labour, recruitment and the placing of workers may apply to workers of all categories, or may concern only workers following a particular occupation, e.g. agricultural workers, seamen, etc. Again, certain classes of workers are sometimes expressly excluded from the application of these treaties. It has been seen already that the conditions for residence contained in some of them may in certain respects extend to cover all nationals of the contracting Parties. The scope of these treaties also varies too much, therefore, to serve as a reliable basis for classification. It has, nevertheless, been possible to subdivide this important body of treaties in such a way as to arrive at a very simple classification which furnishes some guidance to their study. The provisions of multilateral conventions relating to questions of labour, recruitment and the placing of workers will first be examined, after which bilateral treaties regulating international movements of workers between two countries forming part of the same continent—^European, Asiatic, American, and African countries—will successively be reviewed; finally, an analysis will be made of treaties concluded with the object of regulating the emigration of workers from one continent to another. This geographical classification enables some interesting comparisons to be drawn, as in this way treaties having reference to populations that have reached the same stage of development come under consideration together. Different countries in one continent also, have sufficient interests in common to give rise to the copying of treaties, so that formulas become more or less stereotyped. When treaties containing similar provisions are grouped together, divergences in the regulations laid down by them take on a special significance; and thus both the common ground and the differenees between them can be readily grasped. Apart from agreements concluded between States, or at least between official administrative bodies—^the only ones dealt with here—agreements (some of them very important) exist which have been concluded between an official and a non-official body, and which regulate, or in the past have regulated, questions relating to the recruitment of workers. Though these will not be analysed here, it should be noted that the Governments of emigration countries or administrative bodies established for the special purpose of controlling emigration (Emigration Commissariats, Offices, 128 PROVISIONS RELATING TO FOREIGN WORKERS or Departments) have often concluded such agreements with large industrial companies, mining companies, metallurgical companies, etc., in order to find employment for their surplus workers in the undertakings referred to. The Governments of immigration countries, on the other hand, have often concluded agreements with colonisation societies or shipping or railway companies with a view to the recruitment of agricultural workers or settlers capable of bringing unexploited lands under cultivation. (a) Multilateral Conventions On the subject of international movements of workers in general, reference may be made to several Conventions and Recommendations adopted by the International Labour Conference. The most characteristic decision in this respect is a Recommendation concerning unemployment adopted at the First Session of the Conference (Washington, 1919), which invites the Members of the International Labour Organisation to ensure “that the recruiting of bodies of workers in one country with a view to their employment in another country ... be permitted only by mutual agreement between the countries concerned and after consultation with employers and workers in each country in the industries concerned” (Part II). The Draft Convention on unemployment adopted at the same Session lays down that Members ratifying the Convention shall establish a system of free public employment agencies and shall take steps to co-ordinate the operations of public and private free agencies. It stipulates, further, that the operation of the various national systems shall be co-ordinated by the International Labour Office in agreement with the countries concerned (Article 2). Another decision of the International Labour Conference bears specially on the occupation of seamen. At the Genoa Session (1920) a Draft Convention was adopted for establishing facilities for finding employment for seamen, in accordance with which “the business of finding employment for seamen shall not be carried on ... as a commercial enterprise for pecuniary gain” (Article 2). The States ratifying the Convention agree that a system of free public employment offices for finding employment for seamen shall be organised; and that where such offices of different types exist they shall be co-ordinated on a national basis (Article 4); it is also laid down that steps shall be taken by the International Labour Office to secure the co-ordination of the various national systems in agreement with the Governments or organisations concerned in each country (Article 10). Further, there are provisions concerning the guarantees which shall be included in the contract of engagement or articles of agreement; and, in accordance with Article 8, each Member which ratifies the Convention will take steps to see that the facilities for employment of seamen provided for in the Convention shall, if necessary by means of public offices, be available for the seamen of all countries which ratify the Convention, and where the industrial conditions are generally the same. MIGRATION BETWEEN EUROPEAN COUNTRIES 129 (b) Bilateral Treaties concerning Migration FROM One European Country to Another Immediately after the war, and as a result of the exchanges of workers arising out of the circumstances already described (see Volumes I and II, Chapter XII), France concluded the first labour treaties; she required large numbers of foreign workers at that time, owing to the exhaustion produced by the war and the need for reconstruction. Though these treaties vary so much that no very clearly marked distinction can be drawn between them, they may nevertheless be divided into two main groups : treaties relating to the emigration of workers in general, without restriction; as to occupation or duration of stay—e.g. the different treaties negotiated by France—and treaties relating to seasonal emigration of certain well-defined classes of workers, such as the agreements by means of which Germany and Austria acquire the agricultural labour which they lack. The main object of the first group is to lay down principles, generally based' on reciprocity agreements, and as far as possible to establish equality of treatment between nationals of the contracting Parties on the territory of either State with regard to working conditions, laws for the protection of workers and social welfare, and sometimes charitable relief as well. As these treaties aim, further, at regulating both temporary migration and permanent settlement of workers and their families, they contain clauses dealing with faeilities for entering and leaving the country as well as clauses relating to permanent residence, such as those for the acquisition of smallholdings by settled immigrants. Treaties in the second group are designed in the first place to solve certain ptactieal difficulties. They aim at fixing conditions governing the collective engagement and employment of a definite number and grade of workers who are not to be given an opportunity of establishing themselves as part of the general economic structure of the country; such treaties require workers brought into the country for a specific engagement to return to their native country at the end of the season. Since the workers only remain for short periods of time on the territory of the employing country, such treaties contain neither residence clauses. 9 130 PROVISIONS RELATING TO FOREIGN WORKERS nor clauses dealing specially with workers’ dependents, for whose migration no provision is made. Any provisions concerning social insurance are, therefore, often limited to insurance against immediate risks. AUSTRIA While the object of an agreement concluded with France is to organise the emigration to that country of surplus industrial workers, various agreements with Central European countries are designed to regulate the recruitment in those countries of agricultural and forestry workers, of whom there is a shortage in Austria. Austria-Czechoslovakia.—In application of Article 22 of the Treaty of Commerce of 4 May 1921, which provides for the'collective recruitment by agreement of agricultural workers, successive agreements have been concluded, usually for the period of one year, to regulate the recruitment of Czechoslovak agricultural workers for Austrian agricultural and forestry undertakings. Finally, on 24 June 1925 a new permanent administrative agreement was entered into by the Austrian Minister of Agriculture and Fprestry and the Czechoslovak Ministries of Social Welfare and Agriculture. This agreement lays down general principles for recruitment. It resembles the agreements dealt with under Germany in that it regulates purely seasonal emigration movements. It even specifies (Article 2) that Czechoslovak workers can under no circumstances be permitted to remain in Austria after 15 December of each year. Workers violating tips provision are expelled. The agreement also resembles the Germano-Czechoslovak Treaty concluded more recently as regards the method of recruitment, which must be effected in groups under the supervision of a foreman. The agreement which lays down these general principles further provides (Article 1) for annual conferences to be held, at which the two countries will jointly draft the model contract under which the workers are to be engaged. This model contract is to be drawn up by representatives of the Austrian and Czechoslovak Ministries concerned, the recruiting agencies of both countries, and the Czechoslovak Consulate-General in Vienna, together with representatives of the Austrian Employers’ and Czechoslovak Workers’ Organisations “chiefly concerned” (Article 1). The competent organisations for recruitment and placing in Austria are the public offices for agricultural and forestry workers (o^entliche Zentralstelle für Land- und Forstwirtschaftliches Arbeitswesen), and in Czechoslovakia the official labour exchanges (Staatliche Arbeitsämter). Workers can only be recruited and placed in employment through those organisations. Any clandestine engagement of workers—that is to say, engagement through other channels—is forbidden (Articles 6 and 7). Workers are recruited as a rule in groups of at least three persons. The Czechoslovak labour exchanges can refuse to recruit less than three workers (Article 5). The foremen of groups (Gzady) are in principle selected by the Czechoslovak labour exchanges, but the latter must as far as possible meet the wishes of Austrian employers when the latter desire to engage a particular foreman, except in cases where the competent labour exchange has withdrawn such foreman’s right to recruit workers (Article S). ■ MIGRATION BETWEEN EUROPEAN COUNTRIES 131 Two copies of the labour contract, signed by the employer and visaed by the Minister of Agriculture are forwarded to the competent Czechoslovak employment exchange, together with a sum of 26 Czechoslovak koruny being an advance on account of recruitment and other expenses. These expenses are subsequently refunded by the contractor. When recruitment is effected in Slovakia or in the Ruthenian Territory the employer must immediately pay an accident insurance premium of 15 Czechoslovak koruny per head, which is transferred to the Bratislava Accident Insurance Fund, with which the workers remain insured. The foreman may be entrusted with the task of recruiting his group and of arranging for the workers to undergo medical examination; the cost of this is subsequently refunded to him. In sueh case, after having aequainted himself with the conditions embodied in the contract, he signs it and receives an advance to cover the costs of the journey. The workers whom he has engaged then sign copies of the contract, as well as the copy which remains in the possession of the foreman and serves as a passport (Article 8). As soon as the workers arrive at the place where they are to be employed, they have to undergo a second medical examination by a medical officer (Article 9). The Treaty strictly forbids workers and employers to amend the model contract in accordance with a private understanding without the consent of the ministries concerned. A worker who violates these provisions, who leaves his employment without good reason, or enters into the employment of another master without the authorisation of the official Austrian organisation, renders himself liable to be dismissed and returned to his country through the Czechoslovak Consulate in Vienna (Article 2). The Czechoslovak authorities reserve the right to recall groups of workers or parts of groups if they consider such action justifiable for national or military reasons (especially for military service) but not from economic considerations. When a worker is recalled for military service, he bears the cost of the return journey; but if he is recalled for any other national or political reason, the expenses are borne by a fund created at the Austrian Public Offices for Agricultural and Forestry Workers out of contributions made by the employers or are met directly by the employer concerned. When a workipr is reealled by the authorities of his country, the wages due to him must be paid. The employer is not entitled to damages when a worker is recalled. When a worker does not return with his group the Czeehoslovak Consulate-General must, on the application of the Austrian authorities, furnish him with a certificate duly visaed, which takes the place of a passport (Article 4). In order to secure the observance of the agreement, the competent Austrian Ministry has a right of inspection for purposes of verification. The Public Offices for Agricultural and Forestry Workers and the Czechoslovak Consulate are to co-operate in the solution of any disputes that may arise. The Czechoslovak consular authorities are likewise competent to represent the interests of the Czechoslovak workers (Articles 5 and 10). The creation of an arbitration tribunal, presided over in turn by a delegate of the Austtian Ministry of Agriculture and a delegate of the Czechoslovak Consulate-General, and composed of a representative of the Austrian employers and a representative of the Czechoslovak workers is also provided for (Article 11). The annual conferences held in accordance with Article 1 of the agreement of 1925 have for each year laid down conditions for the engagement of Czechoslovak workers; for instance the agreement concluded on 8 and 9 November 1926 to operate during the year 1927 dealt with the following matters : duration of engagement, length of the working day and of rest periods, wages, guarantees to be deposited by the employer, living conditions of workers, breach of contract, travelling expenses (to be paid by the employer, but with a reduction of 50 per cent, on the ordinary fares charged 132 PROVISIONS RELATING TO FOREIGN WORKERS by the Czechoslovak railways), the right to benefit by Austrian sickness and accident insurance laws, except as regards workers recruited in Slovakia and Sub-Carpathian Russia, who remain insured with the Bratislava Insurance Fund, the remuneration of foremen who serve as recruiting agents, methods of supervising the carrying out of labour contracts. A clause was also inserted relating to the supervision of frontier traffic with the object of preventing this traffic from exceeding the limits set by the agreement on the subject (see Chapter VIII, § 6) which prohibits the settlement on Austrian territory of immigrant workers who have entered under the frontier traffic regulations. Further, at this conference the m^ethods of procedure of the arbitration tribunal provided for in Article H of the agreement, were definitely agreed upon, and the organisation entered upon its actmties. Austria-France.—In 1926 an agreement, the text of which has not been published, was concluded to regulate the recruitment of Austrian workers to be employed in French undertakings. By the terms of this agreement applications for the collective recruitment of such workers must be addressed by the French Foreign Labour Service to the Migration Office in Vienna, together with a statement as to the classes of workers required by French industries and the proposed conditions of employment, which must comply with those of a model contract drawn up at the same time as the agreement. When the Austrian Migration Office, after examining thq condition of the labour market and the labour contract which accompanies the application, signifies its approval, the workers are recruited by an industrial committee approved by the two Governments and composed of representatives of employers and workers. The Austrian workers who present themselves are questioned by the representative of the recruiting firm and have then to undergo practical tests of their ability, so far as circumstances allow. Finally, they are medically examined. Workers who have successfully passed the various tests are engaged on the basis of a model labour contract (cf. §3)1. Austria-Hungary.—A protocol regulating the emigration of workers was appended to the Additional Agreement to the Treaty of Commerce of 8 February 1922, signed on 9 April 1926. The Hungarian Government states that it is prepared in future to give consideration to aiiy offers which may he made by the Austrian Government to employ surplus Hungarian agricultural workers upon Austrian territory. The contracting Parties have agreed that information given with this object in view by Austrian Government officials or official agencies will be utilised by the Hungarian employment exchanges, which will keep a record of offers of employment that may suit their workers. The same protocol lays down that detailed regulations for the engagement and assignment of agricultural workers shall form the subject of special administrative agreements to be concluded by the competent authorities of the two countries. Austria-Pòland.—In the Commercial Convention dated 25 September 1922 (Article 20) provisions have been inserted which amount to a provisional regulation of seasonal agricultural emigration, pending ah agreement which, by the adoption of a model contract, will make definite regulations as to the recruitment and assignment of workers and the conditions of their employment. The contracting Parties undertake to examine this question jointly and in a spirit of friendship, and to do their best to ensure that the mutual need for workers of this kind shall be duly met. The exchange of workers is to be exclusively regulated by the federal or provincial offices concerned. They mutually agree to accord the maximum seasonal travelling facilities to agricultural workers both on entering and leaving the country. As regards workers who, when travelling from the territory of one of 1 Oommunioation from the Austrian migration Office, dated Oct. 1926. MIGRATION BETWEEN EUROPEAN COUNTRIES 133 the Parties to the territory of the other, have to pass through the territory of a third State, the contracting Parties agree to take joint steps to obtain from the Government of that State all possible facilities for transit and crossing of the frontier. As regards conditions of work and the protection of workers, the provisions of the agreement ensure to workers from the territory of either contracting Party employed on the territory of the other the same treatment as national agricultural workers of the same class. »S; BELGIUM Two general labour treaties—one with France, the other with Luxemburg—have been concluded embodying the principle of identical and reciprocal engagement of the two Parties concerned. They contain no provisions respecting collective recruitment, but make regulations concerning emigrant workers from the territory of one Party employed on that of the other without limitation of the period of their residence; certain stipulations relating to property are made regarding permanent or even definite residence. Further, an agreement has been signed to regulate seasonal emigration of Belgian workers to France, and the position of the inhabitants of the frontier zone, while an agreement with Italy establishes measures to be taken with a view to recruiting Italian workers for Belgian industries. Belgium-France.—A general Labour Treaty was concluded on 24 December 1924. ‘ This Treaty first of all contains provisions relating to freedom of emigration and immigration and temporary limitation of this freedom in certain circumstances. In Article 1 the two Governments agree not to place any obstacle in the way of the departure of their respective nationals desiring to travel from one of the two countries in order to take up employment in the other and to accord all administrative facilities to such workers and their families. Subj ect to the fulfilment of the prescribed administrative formalities, such workers and their families are free to enter, stay in and leave the country of destination. But Article 4 adds that if the condition of the labour market at certain times, in certain areas, and in certain occupations, renders it impossible to find employment for immigrants who come individually and voluntarily to seek employment, the Government concerned shall at once notify the other Government through diplomatic channels in order to enable it to take the necessary steps. The two Governments undertake to notify each other of the restrictive measures which they may consider advisable with respect to the workers concerned, before such measures are put into operation. Article 2 declares that immigrant workers shall receive, for work of equal value, remuneration equal to that received by nationals of the country in the same occupation employed in the same undertaking or, in default of nationals in the same occupation employed in the same undertaking, not less than the customary wages of workers in the same occupation in the district. The Government of the country of immigration undertakes to ensure equality of the wages of immigrant workers and of its own nationals within its territory. Article 3 provides for the protection of immigrant workers by the country of immigration. The workers of either Party shall enjoy the same protection 184 PROVISIONS RELATING TO FOREIGN WORKERS as is granted to nationals by the laws and customs of the country in respect of conditions of employment and standard of living. All complaints made by workers from the other country concerned respecting conditions of employment and standard of living offered them by their employers, or difficulties of any kind which necessitate the intervention of public authorities, shall be addressed or transmitted either directly or through the diplomatic or consular authorities to the competent authorities of the country ; the competent administrative department of this country shall proceed to make the requisite enquiries and shall haVe the sole right to intervene. A whole series of provisions deals with the ways in which social and labour legislation is to apply to immigrant workers. In all matters relating to the acquisition, ownership and conveyance of small rural and urban holdings, the nationals of each of the two countries in the territory of the other shall have the same rights and advantages as are guaranteed to nationals of that country, with the exception of bonuses granted free of charge by either of the two Governments to builders and purchasers of cheap houses, and advantages granted on account of war occurrences and subject to any provisions respecting particular zones or places adopted in the interests of national safety under the laws relating to the residence and settlement of aliens (Article 5). Workers and employers of both countries who are concerned in collective labour disputes may be members of conciliation and arbitration committees appointed to deal with such disputes (Article 6). Subsidies to mutual unemployment funds and assistance from public unemployment funds and public institutions for relief work shall be granted in each of the contracting States to nationals of the other State (Article 7). Finally, Article 8 lays down that nationals of each of the contracting Parties when in the territory of the other Party shall enjoy equality of treatment with the nationals of that country as regards the application of the laws regulating conditions of employment and the health and safety of workers. This equality of treatment shall be extended to all future provisions which may be issued in this connection in either country. Article 9 regulates the question of taxation. Neither of the two contracting States is to impose special duties or taxes on nationals of the other State on account of their employment in its territory, but this provision is without prejudice to the requirements of the laws and regulations concerning general taxation affecting aliens, especially those connected with the issue of permits of residence. It is not to be understood as exempting nationals of either of the contracting States resident in the territory of the other State from all taxation, present and future, which is imposed on the nationals of the state of residence. Provision is further made for administrative arrangements securing the co-operation of the competent Government services in the execution of the Treaty and for direct communication between the services (Article 10). Article 11 provides for regulation of any difficulties that .plight arise between the two Governments with regard to the application of the Treaty, by an arbitration tribunal. An Agreement dated 4 July 1928 makes regulations applicable to workers in the frontier zone (see Chapter VIII, § 6) and facilitates exchanges of seasonal workers by simplifying the formalities with regard to the entry of Belgian workers who—while remaining domiciled in Belgium—proceed to France to work in industrial, commercial or agricultural undertakings for a period of time not exceeding the interval during which a French identity card is not required (sixty days). Such workers need only obtain an identity card from the burgomaster of the commune in which they reside, which is issued to them on production of a certificate of good conduct and a certificate from the head of the undertaking which employs or promises to employ the applicant; this certificate must be endorsed by the competent MIGRATION BETWEEN EUROPEAN COUNTRIES 135 French authority. On the identity card the burgomaster must indicate the name and address of the employer, the occupation to be followed by the seasonal worker and the French authority which has endorsed the employer’s certificate. The seasonal worker must when entering the country present his card to the special French commissioner for endorsement, together with the employer’s certificate. Seasonal workers’ cards are issued and endorsed free of cost. The two competent Governments undertake to withdraw such cards if the holder commits an offence, i Belgium-Italy.—In virtue of an administrative agreement between the Belgian Ministry of Industry and Labour and the Italian Consulate at Brussels, which came into force on 1 October 1923, Italian labourers may he recruited for Belgian industries subject to the following regulations’: Belgian manufacturers who wish to have recourse to the recruitment of Italian workers must fill up a special form in which they specify the conditions of employment offered. The forms are collected by the official and approved labour exchanges, in the respective districts, so that these exchanges may verify whether the terms offered correspond to the conditions which are usual in the region where the worker is to be employed, whether adequate provision is made for housing the workers who are to be recruited, and whether the applicant can offer guarantees for the fulfilment of his legal obligations. The cohipetent labour exchange then forwards the application to the Ministry of Industry and Labour, commenting on it favourably or otherwise. The Ministry sends on satisfactory applications to the representative of the Italian Emigration Department the latter takes no applications into consideration which have not reached it through the above-mentioned channel Belgium-Luxemburg.—The Labour Treaty concluded on 20 October 1926 reproduces word for word the text of the Franco-Belgian Treaty analysed above, with the exception of Article 7 which, in view of the different way in which unemployment relief is organised in Luxemburg, stipulates that “allowances granted in case of unemployment by either of the two States shall be granted in each contracting State to nationals of the other State”. The provisions relating to taxation (Article 9 of the Franco-Belgian Treaty) are omitted. CZECHOSLOVAKIA Agreements with Germany and Austria regulate the collective recruitment of Czechoslovak agricultural workers for seasonal employment in these two countries (cf. Germany and Austria). A treaty with France, based on the principle of complete reciprocity, deals both with voluntary emigration of individuals and with collective recruitment for unlimited periods of time; subsequent agreements have in addition defined conditions of seasonal agricultural emigration into France (cf. France). 1 This is now replaced by the Directorate-General for Italians Abroad. 8 Service du chômage et du placemeimt : “Circulaire ministérielle aux Bourses du travail ofäcielles et agréées”. No. 2700-2651, Revue du Travail, Oct. 1923, p. 2199. 136 PROVISIONS RELATING TO FOREIGN WORKERS FRANCE France has concluded a large variety of treaties with the object of supplying her industries and agriculture with the foreign labour required; these include general labour treaties containing numerous residence clauses, e.g. those concluded with Belgium and Italy ; treaties regulating at one and the Jcame time collective recruitment and voluntary immigration of individual workers, e.g. those concluded with Poland and Czechoslovakia; and a number of miscellaneous recruitment agreements dealing either with permanent or seasonal labour. Frequently a principal treaty is supplemented by subsidiary agreements. Under Belgium will be found agreements concluded with that country. Others, concluded with Germany and Great Britain^ regulate the exchange of student employees. They are analysed in § 4 (“Apprenticeship”). France-Czechoslovakia.—The provisions of an agreement signed on 20 March 1920, and known as the “Convention respecting Reciprocal Emigration and Immigration” follow very closely those contained in the Franco-Polish Convention of 1919. Like the latter they are concerned both with individual emigration and with collective recruitment and lay down both ordinary regulations and special emigrant workers’ regulations for each of these two categories. The principal differences are : (1) The omission of the most-favoured-nation clause, contained in Article 4 of the Franco-Polish Convention. (2) Regarding the protection of emigrant workers by the Government of the employing country, the Franco-Czechoslovak Convention stipulates that any complaints made by foreign workers as to the conditions of employment and living offered them by their employers or difficulties of any kind which they may experience shall be investigated by the competent administrative departments, which shall have the sole right to intervene for the purpose of settling difficulties or differences. If necessary, the Governments may for this purpose employ, each in its own territory, special inspectors or correspondents speaking the language of the immigrant workers concerned (Article 4). (3) The facilities granted to emigrant workers entering and leaving the country and to those returning to it (Article 6 of the Polish Convention) are extended by the Czechoslovak Convention (Article 5) to workers and their families leaving their country of origin, and travelling either separately and on their own initiative or as a result of organised recruiting, from one country to the other in search of employment. (4) In Czechoslovakia organised recruiting is exclusively carried out through the Central Labour Office (Ministry of Social Welfare) and in France by the National Employment Office; all direct recruiting operations carried out within the country of recruitment, even by employers or their representatives, otherwise than through these official organisations, are void and involve the nullity of the engagements which have arisen therefrom. (5) The application in connection with each case of organised recruiting is not endorsed unless—apart from the conditions to be fulfilled MIGRATION BETWEEN EUROPEAN COUNTRIES 13T as laid down in the Franco-Polish Convention—it is guaranteed that no strike, lock-out or trade disturbance of any kind is going on in the undertaking making the requisition. This provision, as a matter of fact, was subsequently inserted in connection with the recruitment of Polish workers, in the Franco-Polish Protocol of 3 February 1925. In conformity with Articles 11 and 13 of the general Treaty of 1920, which provided for the holding of annual conferences and the conclusion of special arrangements between Government departments for the application of the Treaty, conferences were held which on various occasions drew up detailed regulations for collective recruitment, e.g. the number of workers to be recruited and the districts from which they were to be drawn, and the clauses to be inserted in model labour contracts for different categories of workers. The Agreement concluded on 28 May 1926 deals with variations in the methods to be employed for the recruitment of workers. All applications for labour from Bohemia, Moravia and Silesia pass through the Employment Exchange at Prague, which indicates the local offices through which the workers are to be obtained. With regard to recruitment in Slovakia and Sub-Carpathian Russia, the Employment Exchange in Prague does not accept applications for recruitment but merely indicates the offices to which they are to be addressed; and the representative of the French General Immigration Society ^ communicates with those offices direct and may, in agreement with them, advertise for workers in the districts where they are situated. The same agreement lays down that the fees of the doctor appointed to examine workers who have been recruited are to be paid by the employer. The latter must also pay to the competent employment office a tax of 8 koruny for each worker recruited. In the same way, all expenses in coimection with passports are payable by the employer. Agreements relating to the recruitment of seasonal workers, both for agriculture and for the sugar-beet industry, have also been signed. Special model labour contracts for the use of these classes of workers have been drawn up. By the terms of the Agreement of 1923, agricultural workers of either sex are recruited in Czechoslovakia through the Agricultural Labour Exchanges, under the joint supervision of the Czechoslovak authorities and of an agent approved by the French Ministry of Agriculture. They must be engaged in accordance with the clauses of a model contract laid down by this Agreement. The Agreement of 1927 deals especially with the determination of the number of Czechoslovak seasonal workers to be recruited annually. The number of such workers must be settled each year by the French Government in agreement with the requirements of French agriculture and with the number of Czechoslovak agricultural workers employed in France between 1923 and 1925, so that applications received for such workers may be equitably co-ordinated with applications made to other emigration countries which also supply labour of this kind. France-Great Britain.—In 1923 an Agreement was concluded with the object of recruiting British workers for employment in French undertakings. It stipulates that applications sent in by employers, after having been endorsed by the French Ministry of Labour, are forwarded to the Ministry of Labour in London, which undertakes to bring them to the knowledge of British unemployed workers possessing the requisite qualifications, through the medium of the official labour exchanges. A model labour contract was appended ^ to the Agreement. Further, the British 1 This society represents those French employers who are authorised by the Government to recruit alien labour in different countries. 2 Communication received from the British Government, 1923. 138 PROVISIONS RELATING TO FOREIGN WORKERS and French Governments, by Declarations exchanged on 16 May 1928, laid down the conditions under which nationals of either Party are allowed to enter the territory of the other Party for the purpose of taking up paid emplo5unent. These Declarations recall that, in the ordinary course, posts available in each country are reserved for nationals, unless workers capable of filling them cannot be found and employers cannot be reasonably expected to train workers to fill the vacancies in question. Nevertheless, exceptions to this rule are made in favour of employees occupying positions of responsibility and confidence in British establishments in France and French establishments in Britain (banks, industrial or commercial establishments, hospitals, educational institutions), teachers of either sex of the English language in France and the French language in Great Britain, female domestic servants, lady companions, actors, actresses and concert, musichall, cabaret and circus artistes other than musicians belonging to an orchestra. As regards artistes, permission to take up employment is granted for three months, but may be extended. In all cases without exception, nationals of either State desiring to take up paid employment in the other country must obtain previous authorisation from the Ministry of Labour of the employing country; this permission may be refused if the condition of the labour market is unfavourable or if the remuneration offered to the foreigner is inferior to the normal and customary remuneration of nationals in the district and the class of occupation in question. Further, all persons concerned must observe the general regulations relating to foreigners in force in the country to which they emigrate. The agreement specifies that paid workers to whom it is applicable may change their employer without such change neeessarily involving the withdrawal or refusal of permission to reside in the country, provided that the worker concerned continues to follow the same occupation. It is recalled that in Great Britain a foreigner who is considered to be a permanent resident, and in France a foreigner who has resided in the country for more than five years, requires no authorisation in order to change his occupation. The same Declarations lay down that nationals of either State employed within the territory of the other are entitled to return to the latter after a short absence abroad. In France the Government will for this purpose issue to British subjects special permits valid for an absence abroad not exceeding two months. France-Italy.—The Labour Treaty dated 30 September 1919 is extremely complicated, for the Governments in concluding it desired not only to regulate the emigration of workers but in general “to afford all facilities in their respective countries for the settlement of emigrant nationals of the other State”, according equality of treatment with their own nationals to nationals of the co-contracting Party wherever possible. This Treaty accordingly contains provisions relating to workers and their families entering and leaving the country, and to the workers’ living conditions, besides a number of provisions concerned with welfare, relief and protection not only of workers but of nationals of the contracting States in general, all of which provisions are based on the principle of equality of treatment with nationals. The Treaty further provides that the same principle shall be observed in connection with the development of the social legislation of the contracting States. The main provisions of the Treaty are given below. As in the Franco-Belgian Convention, concluded subsequently but analysed above, the two Governments agree to give full administrative facilities to nationals of either country desiring to travel to the other country in order to take up employment there. No special authorisation is required for foreign workers to leave their country of origin in order to go to the other country, either individually and voluntarily or in consequence of collective recruiting, nor for their families. These workers and their MIGRATION BETWEEN EUROPEAN COUNTRIES 139 families are to be allowed to travel freely in the country to which they go, without any special authorisation (Article 1). Nevertheless, if the condition of the labour market at certain times in certain areas and in certain trades renders it impossible to find employment for immigrants who come individually and voluntarily to seek work, the Government concerned shall at once warn the other Government through diplomatic channels, so that the necessary steps may be taken. The two Governments, if necessary, shall jointly consider the steps to be taken for this purpose in the two countries (Article 4). In order to ensure the regular working of the administrative services which have to facilitate the passage of emigrants to the frontier, the competent administrative departments shall make any arrangements between themselves which circumstances may require, assimilating as far as possible the administration of their respective laws and regulations (Article 6). The provisions relating to equal remuneration for national and foreign workers (Article 2) and protection of immigrant workers (Article 3) are identical with those of the Franco-Belgian Convention. But, in addition. Article 3 authorises each Government to attach to its Embassy in the other country a technical specialist to deal with matters concerning labour and relations with the competent central department of the other country. The two Governments shall accord facilities for the work of these attachés. According to Article 5, the signatory Governments agree to ensure that workers shall not be recruited collectively in such numbers as to prejudice the economic development of the one country or injure the workers of the other. For this purpose they shall appoint a Commission which shall meet as a rule at Paris at least twice a year. It shall be the duty of their respective representatives on this Commission to estimate in particular approximately the number of workers which it seems possible to recruit, as well as the number which it seems desirable to recruit, before the opening of the next session; and further, to indicate the areas to which immigrant workers should preferably be directed and those to which they should not be directed, in view of the number of workers available. In this connection each State reserves to itself the right to take the advice of the organisations of employers and workers concerned in its own tertitory. There are several clauses dealing with social insurance. The scheme for workers’ and peasants’ pensions (including special pensions for miners) in force in either country shall apply to nationals of the other country without exclusion from or reduction of the rights granted to the nationals of the country in question, except as laid down in the Treaty in respect of the method of calculation and payment of allowances and grants from State funds. These provisions are declared to be applicable to allowances for invalidity pensions as well. Others are concerned with grants to the legal dependants of deceased insured persons. Provision is made for supplementary agreements to define the conditions under which these principles are to be applied and the relations to exist between the authorities making the payments (Article 7) Article 8 recalls that equality of treatment as regards compensation for industrial accidents already established (by the Agreement of 1906) is to apply to any subsequent legislation on the subject. The same principle is to be extended, under conditions determined by special arrangement, to aU laws dealing with social insurance against various risks, such as sickness, invalidity and unemployment, which may eventually come into existence. With regard to the possession and transfer of small urban and rural holdings, the same advantages are assured (Article 9) to the nationals of each country as are accorded by Article 5 of the Franco-Belgian Convention. 1 Cf. § 5, (e), ol the present Chapter, for the Agreement oí 22 May 1924, in execution of Article 7 above mentioned. 140 PROVISIONS RELATING TO FOREIGN WORKERS Article 10 authorises Italian workers and employers resident in France, and Freneh workers and employers in Italy, to be members of the managing committees of friendly societies to whieh they belong, provided that the number of foreign members of the management committee shall not exceed a number less by one than the total number of members of the committee. Subsidies to funds for mutual assistance against unemployment and assistanee from public unemployment funds and from public institutions for relief work shall be granted in each of the contracting States to the nationals of the other State (Artieles 10 and 11). Nationals of eaeh of the two States who need relief, medieal care, or any other help, shall receive the same treatment as nationals, whether at home or in hospitals and similar institutions. They are entitled to grants for family expenses which are purely in the nature of relief, provided that their families reside with them (Article 12). The cost of assistance, whatever its amount, shall not be repayable by the country of origin where such relief is required on account of acute illness (Article 13). In other cases, including relapses, repayment shall be made for the period following the first forty-five days on which relief has been granted. The State of residence shall also continue to bear the expenses of assistance, which shall be non-repayable : (1) in connection with the maintenance of aged, infirm, and incurable persons, who have resided continuously for not less than fifteen years in the country; this period shall be reduced to five years in case of invalidity consequent on one of the occupational diseases of which a list will be drawn up by special agreement ; (2) in connection with all sick persons, the insane, and all other persons receiving assistance who have resided continuously for five years in the said country; in case of medical treatment for illness, a worker who during the above period has remained in the country for not less than five consecutive months in each year shall be deemed to have resided there continuously. In the case of children below the age of sixteen years, it shall be deemed sufficient if the father, mother, guardian, or person who has the care of them, fulfils the conditions of residence specified above (Article 14). In the case of assisted persons who do not fulfil the conditions of residence provided in the foregoing Article, at the end of a period of forty-five days the State of domicile shall be bound either to repatriate the person concerned if he is fit for removal, or to repay the cost of treatment to the State of residence. No repayment will be required in cases where medical treatment is guaranteed by the employer or given by a charitable society or otherwise. Repatriation shall not be imposed in cases of special assistance to large families and to lying-in women (Articles 15 and 16). Article 16 further provides that the procedure, conditions and methods of repatriation and the method of proving and calculating the duration of continuous residence will be regulated in detail by the two signatory States by special agreement The two Governments undertake to ensure that in centres of population in each country which include a considerable number of workers of the other nation, the means and resources for treatment in hospitals, etc., shall be adequate for sick and injured workers and their families. Charitable societies and societies for assistance or mutual aid among Italians in France and French workers in Italy, and mixed societies in both countries constituted and operating in accordance with tjie domestic laws, 1 The Agreement , concluded in accordance with this Treaty on 4-30 .Tune 1924 is analysed in Chapter VI, § 7. MIGRATION BETWEEN EUROPEAN COUNTRIES 141 shall have the rights and advantages guaranteed to French or Italian societies of the same kind (Article 17). Workers and employers of both countries may be members of conciliation and arbitration committees in collective disputes between employers and workers in which they are concerned. In any case in which immigrant miners have designated among their fellow-workers in the same undertaking a representative to state their demands respecting the conditions of work, either to the employers or to the miners’ delegates or to the authorities of the country, the said authorities shall give him facilities for the execution of the duty entrusted to him by his fellow-workers (Article 18). The committee, consisting of French and Italian nationals, provided for in Article 9 of the Franco-Italian Convention of 10 June 1910, for the protection of children and where necessary of adult workers, shall as a rule extend its care to workers of all ages—Italian workers in France and French workers in Italy—in areas where there is a sufficiently large number of workers from the other country. The Treaty fixes the constitution of this committee (Article 20). Nationals of each of the contracting Parties when in the territory of the other Party shall enjoy equality of treatment with the nationals of that country as regard the application of the laws regulating the conditions of employment and the hygiene and safety of workers. This equality of treatment shall be extended also to all future provisions which may be issued in this connection in either country (Article 19). Article 21, in the same terms as Article 9 of the Franeo-Belgian Treaty already analysed, prohibits the imposition of special duties or taxes on the nationals of the other State (see Belgium). In Article 22 the two Governments state that since equality of treatment as between the nationals of the two countries respecting admission to public elementary schools and the establishment of private schools is already sufficiently established in principle in both countries by their respective education laws, they reserve the right to negotiate a general convention respecting education, and to include therein the measures necessary to facilitate elementary and technical instruction for immigrant workers and their families. Article 23 provides that the position of seamen, fishermen and, in general, wage-earning persons (personnel salarié) employed in fishing and the mercantile marine shall be regulated by one or more conventions governed by the same principles as the Treaty, especially with a view to the establishment of a pensions scheme. Finally, it should be noted that though the convention is not applicable to colonies, possessions and protectorates, the Governments undertake to enter into negotiations for the purpose of concluding special agreements on this subject in accordance with the principles and spirit of the Treaty. Article 24 of the Labour Treaty provides that the countries’ competent administrative departments shall by agreement issue the detailed regulations necessary for the execution of the provisions of the Treaty and the co-operation of these departments ; thus, regulations in execution of Article 7 dealing with workers’ pensions were made by the Agreement of 22 May 1924 (cf. § 5 e of the present Chapter) and Articles 12 to 16 relating to medical assistance have led to the conclusion of the Agreement of 4 June 1924 (cf. Chapter VI, § 7). Further, in an additional declaration dated 16-19 February 1920, France and Italy agreed that, in view of the special laws in force in Alsace and Lorraine, the application of the provisions of the Treaty of 30 September 1919 and especially of those relating to insurance against industrial accidents, sickness, invalidity and old age, should form the subject of special agreements between the two countries. It was also agreed that Italian w'orkers and their legal heirs, as regards rights acquired between 11 November 1918 and the date when these special agreements were concluded, should continue 142 PROVISIONS RELATING TO FOREIGN WORKERS to enjoy the advantages of the scheme established by the Italo-Gíerman Agreement of 31 July 1912-25 March 1913. France-Poland.—By an agreement concluded on 3 September 1919 called the “Convention respecting Emigration and Immigration”, which is the earliest of the general labour treaties, France and Poland endeavoured to regulate migration movements from the one country to the other and to ensure that their respective nationals should enjoy reciprocal industrial protection and be enabled to share in the advantages conferred by existing laws relating to compensation for industrial accidents. As regards emigration proper the purpose of the treaty is, according to Article 1 : (1) to give full administrative facilities for nationals of either country to travel to the other country in order to take up employment there, and for their return to their native country; (2) to authorise the collective recruiting of workers in either country on behalf of undertakings situated in the other, under the conditions laid down in this Convention, Accordingly, after laying down provisions in Part I relating to emigrants of both kinds, the contracting Parties have established a special system of regulations to govern individual emigration and one to apply to the collective recruitment of workers. The first of the general provisions relates to wages. Immigrant workers are to receive, for equal work, remuneration equal to that of nationals of the country in the same occupation who are employed in the same undertaking on similar work, and based on the customary rate of wages current in the district. Like the Franco-Belgian and Franco-Italian Treaties analysed above, the Franco-Polish Convention makes a point of applying this principle of equality to the whole of the regulations relating to immigrant workers. Thus Article 3 stipulates that immigrant workers “shall enjoy the protection granted to workers under the domestic legislation of the high contracting Parties, and also any further protection which the contracting Parties may guarantee them under special conventions concluded with each other or with other Powers”. In the same Article, the French Government, making use of the facilities granted by the Act of 9 April 1898 (section 8, final paragraph) repeals, as it has already doné in the case of Belgian, Italian, Luxemburg and British workers, the restrictions imposed by laws relating to industrial accidents on Polish workers who are victims of accidents and on their legal dependants or representatives who (at the time of the accident) are not resident or who have ceased to be resident in French territory. An agreement concluded in the form of an understanding between the competent French and Polish administrations is to specify the conditions requisite for the payment of benefits and pensions in Poland and France Article 4 of the Convention further contains the raost-favoured-nation clause : “If after this Convention is put into operation any convention concluded between one of the contracting Parties and another Power grants to nationals of the other Power greater advantages than those provided for in the Franco-Polish Convention, the benefit of these greater advantages shall be extended to nationals of either of the high contracting Parties employed in the country of the other Party.” In virtue of this clause, the wider advantages subsequently granted by 1 Cf. § V, (d), of the present Chapter for the provisions of the Consular Convention of 30 Dec. 1925. MIGEATION BETWEEN EUROPEAN COUNTRIES 14S the Franco-Italian Treaty of 30 September 1919 to Italian workers employed in France, and by the Treaty of 24 December 1924 to Belgian workers, became applicable to Polish immigrants as well. It is stipulated that the competent administrative department in each country shall supervise the protection of workers from the other country employed within its territory, and the application to them of the labour laws and of the rules mentioned below. All complaints made by foreign workers respecting the conditions of employment and standard of living offered them by their employers, or respecting difficulties of any kind with which they may meet in consequence of their being in a foreign country, are to be addressed or transmitted to the said administrative department, either directly or through the competent consular authorities, and may be written in the native language of the workers concerned. These provisions are in no way to limit the powers which have been or may be conferred upon consuls under treaties and conventions and the laws of the country in which they are resident (Article 5). As regards individual emigration, the Franco-Polish Convention, like the treaties previously analysed, lays down first of all the facilities with respect to travel which are to be granted to emigrant workers and their families > It is stipulated (Article 6) that, subject to certain temporary and exceptional variations (see below. Article 10), no special authorisation shall be required for workers leaving their country of origin, who are going separately and on their own initiative from one coimtry to the other in search of employment, nor for their families. Reciprocally, no special authorisation shall be required for foreign workers and their families to leave the country in which they have been resident, when they wish to return to their country of origin. The said workers, as a condition of enjoyment of the advantages of this Convention, are required to obtain identity cards issued by their national Governments. If the condition of the labour market at certain times, in certain areas, and in certain trades renders it impossible to find employment for immigrants who come separately and on their own initiative to seek work, the Government concerned has at once to warn the other Government through diplomatic channels, and the latter Government will in turn inform its nationals. If this notification fails to produce the desired result, the contracting Parties will by agreement adopt other effective measures. Collective recruiting, which, in the Franco-Italian Treaty concluded at approximately the same time, is mentioned only incidentally and then merely in order to point out its inconveniences to the Parties, is systematically organised by the present Convention. The two contracting Parties pledge themselves to authorise the recruiting of parties of workers within the territory of each on behalf of undertakings situated in the territory of the other (Article 11); but the Government of the country in which the recruiting is being carried on is to have the right to determine the areas within its territory where recruiting shall be authorised or those to which the workers may be sent. The two Parties are to fix by agreement the numbers and classes of workers, parties of whom may be recruited, in such a way as not to prejudice the economic development of one country or the interests of the workers of the other country. For this purpose Article 12 specifies that the Governments shall appoint a Commission which shall meet at least once a year and to which they shall submit the views of a national consultative committee, which shall include representatives of employers and of workers, together with representatives of the Government departments concerned. This Commission is to meet at regular intervals. In Poland recruiting is carried out exclusively through the National Office for the Placing and Protection of Emigrants; in France by the National Employment Office (Office national de placement). The workers thus recruited are, before starting, accepted and classified or rejected, either by an official mission representing the Government of the country 144 PROVISIONS RELATING TO FOREIGN WORKERS in which they are to be employed, or by a representative of the employer or of a trade organisation; in the two latter cases the said representatives must be approved by both Governments. The contraets of employment proposed by the employers, and their applieations for workers, are to be in conformity with model contracts drawn up by agreement between the two countries. A copy of the apphcation in connection with each party to be recruited shall be submitted by the employer for the approval of the competent administrative department in the country in which the workers are to be employed, and transmitted by the said department to the competent department of the country in which the recruiting is to be carried out Approval shall not be given unless the conditions of the contract specified in the application are in conformity with the principles laid down in the Convention, and proper provision can be made for the board and lodging of the workers, and the need for workers justifies the recruiting on behalf of the undertaking in question (Article 13). The Treaty provides (Article 14) for special administrative arrangements to determine conditions for the application of the Convention in respect of the recruiting of parties, health regulations for leaving the country and for the transport of workers, as well as for the transfer to savings banks in the country of origin of savings deposited by workers in the savings banks of the other country. The agreements which have been concluded to deal with these subjects are analysed below. The Additional Protocol .stipulates that within the three months following exchange of ratifications of the Convention, a special convention shall be drawn up to determine the conditions under which French workers in Poland and Polish workers in France shall be entitled to enjoy the advantages of the laws respecting relief and insurance and social welfare, and shall have the right to join trade anions and the right of association in accordance with the domestic laws Of each of the contracting Parties. This special Convention on Relief and Social Welfare was signed in Warsaw on 14 October 1920. The stipulations relating to relief, supplemented by an Administrative Agreement dated 3 November 1926, were analysed in Chapter VI, § 7 (Charitable Relief). There are also a great many provisions dealing with workers’ rights of association and representation (cf. § 5, 6) and social insurance (cf. § 5, c). Other provisions supplement the Labour Treaty of 1919 on certain points bearing on the living eonditions of settled emigrants; they bring the regulations respecting Polish workers, made by means of conventions, into agreement with the conditions laid down for Italian workers by the Labour Treaty of 30 September 1919. The contracting Parties, referring to Article 3 of the Franco-Polish Convention of 3 September 1919, grant respectively to nationals of the other Party on their territory the same treatment as to their own nationals, regarding the application of laws regulating the conditions of work and the health and safety of workers ; this equality of treatment is extended to all provisions on this subject which may subsequently be agreed upon between the two countries (Article 13). Article 11 declares that charitable and relief organisations, and organisations giving social or educational assistance, also French consumers’ co-operative societies in Poland, Polish societies in France and mixed organisations in either country, established and functioning in conformity with the laws of the country, will share the rights and advantages guaranteed to Polish or French associations of a similar nature. Further, Article 3 reproduces the provisions relating to the acquisition, ownership and conveyance of small rural or urban holdings laid down in Article 9 of the Franco-Italian Labour Treaty, while Article 4 repeats the 1 These stipulations bare been supplemented by the Protocol of 3 Feb. 1925, which Is analysed below. MIGRATION BETWEEN EUROPEAN COUNTRIES 145 provisions of Article 10 of that Treaty on the right to acquire membership of a friendly society and to benefit by State grants to such societies. Further, as provided in Article 12 of the Convention of 1919, negotiations have subsequently been conducted on several oceasions with the object of enforcing and supplementing the agreement, partieularly as regards collective recruitment of Polish workers for French undertakings. As a result an agreement and several protocols have been signed, reaffirming the understandings reached between the delegates on certain points. The Agreement of 17 April 1924 bears on the following matters : (a) The Circular of the Ministry of the Interior, No. 53, concerning deportation of alien workers who have broken their contracts is not to apply to Polish workers. (b) The inspection service instituted by the French authorities to ensure that contracts are carried out is to be augmented, and agents acquainted with the Polish language are to be employed. (c) Difficulties notified by the Polish consular authorities, or by the official attached to the Polish legation at Paris to deal with immigration questions, are to be settled as quickly as possible. (d) The Polish Government is to have the right to appoint officials who are to assist in the recruitment of workers in Poland by industrial representatives approved by the French and Polish Governments under the supervision of the French Labour Mission, to be present at the medical and technical examination of the workers recruited and the signing of the contracts, and to assist in the arrangements made for the transport of workers. These officials are to have no power of taking action with regard to such operations, but must report to the Emigration Office at Warsaw, which will take any necessary steps. (e) Private charitable organisations for the relief of immigrants are authorised to operate upon French territory. (f) The Act of 28 March 1882 on compulsory attendance at schools is to be strictly enforced as concerns the children of Polish workers, the French Government promising to ensure that it is complied with. After the Conferences held in January-February 1925, a protocol was signed on 3 February 1925 and confirmed on 20 February 1925. It registers the agreement reached with regard to the following : French requests for workers endorsed by the competent authorities shall be forwarded through diplomatic channels, to the Emigration Office; such requests on the part of employers who desire to recruit workers collectively shall only be endorsed if the conditions offered are in agreement with Article 13 of the Convention of 1919, and if there exists no strike or lockout in the undertaking in question. Polish workers will be presented by the public employment offices. A selection from among them shall be made by the representative of a trade organisation approved by both Governments, or by a representative approved by the employer, under the supervision of the French Labour Mission. This selection may be made by the Mission itself if the employer empowers it to do so. Wherever possible the medical examination shall be conducted at the employment office by a doctor appointed by the French Mission or one representing that Mission. Each worker’s contract shall be made out in four copies, which shall contain the address of the employer, the worker’s name, occupation, his grade, the period of his contract and the amount of his wage. In the case of miners and agricultural workers, where the exact occupation of an individual worker cannot be stated, the contract shall at any rate indicate the conditions guaranteed to the worker. With regard to wages and the cost of living, if, owing to unforeseen circumstances, the occupation originally offered to the worker cannot be given to him on arrival, an equivalent occupation must be found for him. 10 146 PROVISIONS RELATING TO FOREIGN WORKERS Every worker found to be ill on arrival, and who is unfit for work but can be moved, shall be returned to his country; the expenses of the journey and his maintenance during the voyage will be paid to him as well as the cost of any transport visa required. The Treaty further provides that the transport of workers by sea or the establishment of lodging houses at a port to be indicated shall be regulated by subsequent agreements; but, in the meantime, it is laid down that the organisations responsible for the transport of workers must appoint officials to accompany them, or else must provide branch offices at places where the journey is broken so that immigrants may be directed on their way. The Polish authorities may appoint an official to accompany the workers On their journey. He will travel at their expense. At Toul (where an immigration office receives and dispatches groups of Polish immigrants) conveyances shall be placed at the disposal of women and children and if possible also of workers who have to carry luggage, to transport them to the lodging-hosue. The workers may spend a night at the receiving station if they so desire, before continuing their journey. Finally, it was decided at the same Conference that an Advisory Committee should meet at least once a year in order to determine the numbers and grades of workers to be recruited, and to indicate as far as possible the districts from which they should come. The Conference held in October 1928 dealt with the fixing of minimum wages and with agricultural immigration. With regard to wages, it was decided that where employers make application for a party of Polish workers, they shall indicate the “normal” minimum wage rates, this expression being taken to mean the wages which 75 per cent, of the workers of a given grade are able to earn after a probationary period of not more than three months. The French authorities shall verify the correctness of these wage rates, such verification to be compulsory where Polish workers send in a complaint. It is provided that the methods to be followed in fixing minimum wages in coal and iron mines shall be determined separately. The decisions on the subject of agricultural emigration deal with the employment of women and with methods of inspection. With reference to the emigration of women employed in agriculture, it was decided that Polish women should only be placed singly in employment if they were over thirty years of age. But younger women workers might be placed singly on farms if the employer had already another woman of Polish nationality in his employment, if he could prove by means of a certificate witnessed by the mayor that another Polish woman or near relative of the worker lived in the same district, or, finally, if the worker had been engaged for a period of less than nine months and in accordance with the model contract drawn up by the French authorities in agreement with the Polish authorities. This contract must provide for the repatriation of the worker, in certain circumstances. It was further decided that the French authorities should encourage the institution of special Relief Committees composed, if possible, of persons acquainted with the Polish language; one of their principal tasks would be to care for the well-being of Polish women occupied in agricultural work. Further, the French Government undertook that in the year 1929 the services inspecting the conditions of work of Polish agricultural workers should be extended, the number of labour inspectors in these services being increased from four to eleven, seven of whom should understand Polish. Finally, the Conference decided that French employers declining to refund 60 per cent, of the travelling expenses of Pohsh families (wives and children under age) joining Polish industrial workers already settled in France would no longer be permitted to engage any further Polish workers 1 Biuletyn Vrzedu Emigracyjnego, No. 19, 1 Nov. 1928. MIGRATION BETWEEN EUROPEAN COUNTRIES 147 GERMANY Agreements concluded by Germany aim as a rule at the provision of seasonal labourers for German agriculture. An agreement concluded with France regulates the reciprocal admission of temporary workers (cf. § 4 of the present Chapter). Germany-Czechoslovakia.—An “Agreement concerning Czechoslovak Agricultural Workers” was signed on 11 May 1928 after several provisional agreements had been concluded ; its purpose, like that of the arrangements which preceded it, is to furnish German agriculture with the labour which it requires. Like the Germano-Polish Agreement analysed below, it explicitly stipulates that Czechoslovak emigration shall be seasonal emigration (Article 1). In spite of having similar aims, the provisions of this Agreement differ considerably from those of the Germano-Polish Treaty of 1927, especially in the form of recruitment adopted, which excludes recruitment of individual workers, and also as regards the absence of clauses relating to soeial insurance. On the German side, the German Central Office for Workers (Deutsche Arbeiterzentrale) is responsible for the recruitment and placing of workers; and on the Czechoslovak side the official employment exchanges ( Staatliche Arbeitsämter) (Article 2). Workers are to be engaged in accordance with a model labour contract drawn up by the Technical Committee for Agriculture and Forestry of the German Federal Institute for Employment and Unemployment Insurance. -4ny modification of this model contract to the disadvantage of the worker shall be reported to the Government of Czechoslovakia. Workers and foremen who break their contracts shall not be re-engaged (Article 3). Workers are recruited by the Czechoslovak official employment exchanges in groups of at least two persons. A foreman is placed at the head of groups of more than fourteen persons (Article 4). The Central German Office, which receives requests for labour, forwards these to the Czechoslovak employment exchange, together with four copies of the labour contract signed by the employer or by the Central Labour Office for him (Article 5). The Czechoslovak employment exchange endorses the contract and sends it, together with any additional information furnished by the employer, to the foreman (gazdy), at the same time acquainting him with the responsibilities which he will have to undertake. The contract is then signed by the foreman (Articles 6 and 7). The workers to be engaged are selected by the Czechoslovak employment exchanges in agreement with the German Central Office for Workers. The workers, after having thoroughly acquainted themselves with the conditions of their engagement, sign the collective agreement on which their names are entered. One copy of the contract is retained by the foreman (Articles 8 and 9). The Czechoslovak employment exchanges must make arrangements for the departure of the workers and inform the German Central Office of the exact date on which they leave. The Central Office receives the workers at the frontier station of Oderberg or, occasionally, at that of Tetschen-Bodenbach (Article 10). At the frontier the workers have to undergo medical examination and be vaccinated at the employer’s expense. Sick and physically unfit persons are returned (Article 11). Workers may not change their employment unless in exceptional circumstances, and provided that in their new employment conditions are not less favourable than those under which they were previously engaged. The German Central Office has to inform the Czechoslovak employment exchange of the reasons for the change (Article 12). The German Central Office must pay a sum of 5 kronen for each worker engaged to the Czechoslovak competent employment exchange; accounts of these taxes are rendered every quarter (Article 13). 148 PROVISIONS RELATING TO FOREIGN WORKERS The collective agreement takes the place of a passport when a group crosses the frontier and for such time as the group remains in Germany; no German visa is required. If a worker leaves his group while in Germany, the Czechoslovak consul in Berlin must issue a passport for his return to Czechoslovakia. This is delivered free of cost if the worker has left his group through no fault of his own (Article 14). Like the Germano-Polish Treaty, the Germano-Czechoslovak Agreement grants to emigrant workers the same treatment as is enjoyed by German workers in all matters relating to their protection, freedom of association, public assistance and membership of conciliation and arbitration committees, subject to German legislative provisions applicable to all aliens (Article 15). The German Government promises to ensure that the lodgings provided for Czechoslovak workers shall be convenient and in a sanitary condition. Like Polish workers, Czechoslovak seasonal workers are exempted from wage-taxes, if they furnish proof that they remain domiciled in Czechoslovakia (Article 16). The Agreement does not apply to hop pickers. Germany-Lithuania.—A Treaty of Commerce dated 1 June 1923, pending the conclusion of a special agreement, makes provisional regulations (Articles 22 and 23) concerning the recruitment of Lithuanian workers for seasonal agricultural employment in Germany and the conditions of their employment; the recruiting of such workers for German employers is to be carried on exclusively through the German Central Office for Workers (Deutsche Arbeiterzentrale) or its agents, in agreement with the Lithuanian State Labour Inspectorate. The Lithuanian Government undertakes to issue the necessary passports to Lithuanian workers holding contracts of employment, and the said passports shall be valid both for the journey to Germany and for the return journey to Lithuania on expiry of the period fixed in the contract of engagement. The contract must in all cases state the date up to which the migrant worker may be employed in Germany ; his right to reside in Germany expires simultaneously with his contraet of employment. The German Government undertakes to grant the same rights to migrant Lithuanian agricultural workers as to German workers in respect of remuneration and conditions of employment. Further, it undertakes to allow them to participate in social insurance benefits to the same extent as other aliens; an exception is made in respeet of privileges granted by Germany to the inhabitants of particular territories on her borders or to the nationals of any State which has an insurance system equivalent to the German social insurance system. Germany-Poland.—Following several provisional agreements, a Treaty making regulations for the emigration of Polish agricultural workers was signed on 24 November 1927. Its principal object is to re-establish the seasonal eharacter of Polish emigration to Germany. A temporary movement of workers was already in existence before the war; but during the war and the years immediately following, in the absence of a treaty or any regular agreement, many Polish workers occupied in German agriculture settled permanently in Germany. The Parties agree that in future the emigration of Polish agricultural workers shall be seasonal (Article 2). Nevertheless, those workers who entered Germany before 1 January 1919 and settled there are entitled to remain in Germany in the capacity of agricultural workers and to receive a residence certificate defining their rights in this respect (Article 3). As regards Polish agricultural workers who arrived in Germany between 1 January 1919 and 31 December 1925, these are to be progressively incorporated in the seasonal movement of workers during the period 1928-1932, contingents of workers to be repatriated being drawn annually from the various districts. Exceptions to this rule MIGRATION BKTWEEN EUROPEAN COUNTRIES 149 may, however, be made in favour of settled immigrants upon whom repatriation would inflict serious loss. The technical details of this progressive repatriation are to be set out in a special agreement (Article 4). With regard to normal seasonal migration, it is laid down that Polish agricultural workers proceeding to Germany are to be recruited and placed in employment exclusively by the Polish public employment exchanges and by the German offices officially instructed to do so. The workers’ conditions of employment are determined in accordance with a model contract drawn up and varied by agreement between the parties (Article 4). The Treaty grants to Polish agricultural workers the same treatment as is enjoyed by German workers in all matters relating to the protection of workers, freedom of association, public assistance and the regulation of the conditions of their work, including conciliation and arbitrationthro ugh labour courts, subject to German legislative provisions applicable to all aliens (Article 7). The German Government undertakes to ensure that Polish agricultural workers are housed under satisfactory moral and sanitary conditions (Article 8). With reference to the application of social insurance to emigrant workers, the Treaty stipulates that Polish agricultural workers and their legal heirs shall enjoy the same rights as German workers as regards insurance against accidents and sickness (Article 11 ). As regards invalidity insurance schemes, they are only applicable to Polish agricultural workers to whom a permit of residence (Befreiungschein) has been issued. Those workers are required to participate in invalidity insurance in accordance with the usual rules; they are, moreover, entitled to antedate their participation in this insurance by two years if they express their intention of doing so within six months of the delivery of their residence permit, and if they pay the arrears of contributions within the two years following; these contributions carry with them the full rights of compulsory contributions (Article 14). As soon as the two parties shall have instituted a system of invalidity and survivors’ insurance covering the whole of their territories, they shall jointly decide as to the measures to be adopted to enable Polish seasonal workers to enjoy the benefits thereof during their temporary stay in Germany (Article 16). In general as regards the application of legislative provisions referring to the payment of accident or invalidity insurance claims (in cases where Polish agricultural workers partake of such benefits), it is laid down that residence in Poland is not to be considered as residence in a foreign country ; similarly, in cases where the right to compensation on the part of the insured person’s legal heirs is subject to the condition that they must have resided in his household as members of his family, a household situated in Poland is not considered to be broken up if the worker who is its head resides in Germany at regular intervals (Articles 13 and 15). Provision is made for Polish authorities and insurance societies to co-operate with German authorities and insurance societies in administering German sickness, accident and invalidity insurance schemes (Article 17). The results of investigations in connection with accidents to Polish agricultural labourers must be reported to the Polish consul in the district, who will have an equal right with the worker concerned to take proceedings for the purpose of obtaining compensation (Article 18). The competent central authorities of the two countries are to decide on the procedure to be adopted to enable pensions due under German insurance schemes to be paid to Polish agricultural workers residing outside German territory. These authorities (the Federal Ministry of Labour in Germany and the Ministry of Labour and Social Assistance in Poland) may correspond with each other direct (Articles 18-22). Polish seasonal agricultural workers are exempt from the payment of unemployment insurance contributions (Article 9), and are thus not covered by this insurance. In order to avoid double taxation, Polish agricultural workers are exempt 150 PKOVISIONS RELATING TO FOREIGN WORKERS from payment of income-tax on condition that they remain permanently domiciled in Poland (Article 10). Germany-Serb-Croat-Slovene Kingdom.—An Agreement dated 22 February 1928 was concluded by the Central Employment Committee in Belgrade and the German Central Office for Workers (Deutsche ArbeiterZentrale) on the subject of the recruitment of Yugoslav seasonal workers for agricultural work in Gîertnany. The workers concerned are recruited and placed in employment in groups of at least two persons. No woman under twenty-five years of age can be employed singly. The recruitment of workers is effected through the agency of the German Central Office for Workers and the Central Employment Committee in Belgrade. The German Central Office accepts the employers’ requests for labour and, in accordance with the numbers fixed for the season, forwards these requests, together with four copies of the labour contract, to the Central Employment Committee at Belgrade. This Committee endorses the papers, and sends them on to the official labour exchanges. Group-foremen are chosen by these offices, subject to the approval of the German Central Office, if the latter expressès a wish to be consulted. The foremen receive copies of the contracts with all necessary instructions; they undertake to carry out the obligations imposed upon them, and sign the copies received. The workers recruited by the foremen must sign the contract in the presence of an official of the competent labour exchange. The conditions of engagement must be in accordance with the clauses of a model contract drawn up by the Technical Committee for Agriculture and Forestry of the German Federal Institute for Employment and Unemployment Insurance ^ (Artieles 1-11). When a group of workers crosses the frontier their collective agreement takes the place of a passport as far as the German Government is concerned, and no German visa is required. But workers must possess Yugoslav passports notwithstanding, and should a worker for any reason leave Germany singly, the German Central Office must take steps to obtain Czechoslovak, Austrian, and, if necessary, Hungarian transit visas (Article 12). The Yugoslav employment exchanges make arrangements for the departure of groups of workers recruited, and these workers are received at the frontier by officials of the German Central Office. They have to undergo medical examination at the employer’s expense. Persons found to be iU or unfit for work are returned to their homes (Article 14). During their stay in Germany, Yugoslav workers enjoy, subject to legislative provisions applicable to all aliens, the same treatment as German workers as regards the application of protective labour legislation, including conciliation and arbitration, as well as recourse to the labour courts. They do not pay any taxes either when entering the country or afterwards (Article 15). The German Central Office promises to exert its influence in order to enable Yugoslav agricultural workers to partake of all the benefits conferred by German social legislation. It further undertakes to ensure that none of the workers recruited is employed in an undertaking where a labour dispute exists or a strike or lock-out is going on (Articles 15 and 16). On the termination of their contracts, workers are to be returned to their homes by special trains wherever possible. The German Central Office has to inform the Central Committee at Belgrade as early as possible of the date upon which repatriation is to begin and of the routes along which the workers are to travel. Just before a group leaves, the competent Yugoslav employment exchange is to be informed of the date and the hour of its departure. The employment exchanges or any organisations representing 1 Cf. § 2 of the present Chapter, for the model contract adopted when the Agreement was sfened. MIGRATION BETWEEN EUROPEAN COUNTRIES 151 them take the necessary steps for the reception of the returned workers (Article 17). Permission is granted to the German Central Office to send a representative to the Serb-Croat-Slovene Kingdom, to take part in the arrangements for the recruitment of workers. The Central Employment Committee at Belgrade is authorised to appoint an official to accompany the Yugoslav emigrants on their journey, and to advise and assist them during their stay in Germany. Every facility is to be given to these officials to enable them to carry out their duties (Article 18). It is further provided that the German Central Office and the Central Employment Committee at Belgrade may jointly authorise workers to leave the service of an employer who is guilty of serious failure to carry out the obligations laid down by the labour contract. These bodies are also to co-operate in protecting the health and morality of emigrants under age and of women, and are to take joint steps to regulate the transmission of money and of the savings of Yugoslavian agricultural workers. GREAT BRITAIN Agreements concluded with France deal with the conditions under which British workers are to be recruited and with the employment in the two countries of their respective workers (cf. France). Another agreement with France deals with the reciprocal admission of “student employee”; this is analysed in § 4 of the present Chapter. HUNGARY A Treaty dealing with the exchange of workers has been concluded with Austria (cf. Austria). ITALY A Labour Treaty and a whole series of agreements for its application in detail have been concluded with France in order to regulate questions relating to emigration and the residence of workers of one country on the territory of the other (cf. France, above). A Labour Treaty, which, also embodies the reciprocal principle has been signed with Luxemburg. Further, the reciprocal employment of nationals of either State on the territory of the other has been dealt with in treaties between Italy and the Serb-Croat-Slovene Kingdom. An administrative agreement with Belgium relates to the methods of recruiting Italian workers for Belgian industries (cf. Belgium). Italy-Luxemburg.—The Labour Treaty signed on 11 November 1920, which has not been ratified is similar to the Franco-Italian Treaty of 1919 1 The Luxemburg Council of State on 25 Nov. 1921 reported unfavourably on the Treaty; in consequence the Bill which had been prepared for the purpose of registering approval of the Treaty was not submitted to Parliament. 152 PROVISIONS RELATING TO FOREIGN WORKERS in several respeets, and especially in the use made of the principle of equality of treatment for the nationals of both countries with regard to social welfare, rehef, and labour laws. But it deals with a more limited number of subjects. In this analysis, as regards matters common to both treaties, only the points of resemblance or differences between them will be indicated. The provisions of Articles 1 and 3 relating to reciprocal facilities extended to nationais of either country entering or leaving the territory of the other, are identical with those contained in Articles 1 and 4 of the Franco-Italian Treaty. Regarding the protection of workers. Articles 4 and 14, like Article 3 of the Franco-Itallan Treaty, guarantee equal treatment with nationals and authorise the appointment of special emigration officials in the country of immigration; but any complaints which workers may have to make respecting the conditions of employment offered them by their employers, ' the assistance rendered to them or difficulties of any kind arising from their being in a foreign country, may be presented in their own language for transmission, either directly or through the consular authorities or special officials, to the competent Government department of the country of immigration. Article 5, like Article 18 of the Franco-Belgian Treaty, recognises the right to membership of conciliation and arbitration committees; but the powers of emigrant workers to nominate a representative to state their claims, instead of being limited to miners, is extended to the workers of any undertaking. According to Article 7, nationals of either State in the territory of the other shall enjoy equality of treatment with the nationals of that State in all matters connected with trade union freedom and rights, and with rights, facilities, and benefits granted to nationals in connection with friendly societies, unemployment, relief works, co-operation, and the acquisition, ownership, and conveyance of small rural and urban holdings, admission to public elementary and trade schools and the advantages of institutions for educational assistance, and likewise in respect of the right to establish schools or supplementary courses intended specially for the teaching of their native languages respectively. The nationals of either State in the territory of the other shall enjoy equality of treatment with the nationals of that State in re.spect of the administration of laws relating to old age and invalidity insurance, pensions are to be calculated in accordance with rules to be agreed upon between the two countries. The Treaty provides that equality of treatment as between nationals of the two countries shall be extended, under conditions to be fixed by special agreements, to all laws for social insurance against various risks which may subsequently be promulgated (Article 9). The provisions of the Acts and regulations of each of the two States, whereby the right to enjoy the advantages granted by the social insurance laws is 'made dependent upon the condition that the person concerned shall have resided or shall continue to reside in the territory of the State in question, shall not apply to nationals of the other State (Article 10). The Treaty provides that agreements necessary to facilitate the payment of compensation or pensions due under these insurance schemes shall be concluded between the competent Government departments (Article 11). The provisions relating to medical assistance (Article 12 of the Treaty) are identical with those of the Franco-Italian Treaty (Articles 12-16) except that the period of forty-five days is not fixed as the maximum period during which the State of residence will bear the cost of relief. Article 13 provides for regulations to determine the conditions for transference to savings banks in the country of origin of savings deposited by workers in the savings banks of the other country. Finally, the Treaty contains the most-favoured-nation clause respecting residence, relief, social insurance, conditions of employment and relief, and trade union rights (Article 15). MIGRATION BETWEEN EUROPEAN COUNTRIES 153 Italy-Serb-Croat-Slovene Kingdom.—In the final protocol of the Residence and Consular Convention signed on 21 August 1924, the two contracting Parties reserve the right to regulate questions relating to emigration and the protection of workers by special conventions. An “Agreement concerning Workers” is included among the agreements signed at Nettuno on 20 July 1925. The contracting Parties agree that, on the territory of each, manual workers and salaried employees who are nationals of the one State may be engaged by factories, undertakings, industries, establishments, or private individuals established or having a branch office on the territory of the other contracting Party, subject to legislative provisions in force on that territory. Limitations and restrictions imposed on foreigners within the territory of one of the contracting Parties in connection with the right to engage manual workers and salaried employees, or with that of offering their services for a limited period or to a particular enterprise, shall not be applicable in these territories to manual workers and salaried employees of all kinds who are nationals of the other contracting Party and who, during the period 1 January 1920-1 January 1925 have in fact been already employed by private persons, enterprises or any kind of other establishments. This exemption shall cease to be valid in the case of manual workers or employees, nationals of one of the contracting Parties, who, after the Agreement has come into force, leave the territory of the other State with the evident intention of not returning to it; neither shall it be applicable to manual workers or salaried employees in State enterprises. It is stipulated, however, that the provisions of the Agreement do not affect the right—recognised by the treaties in force—of nationals of one of the Parties, who, in virtue of a right of option of nationality, are entitled to reside within the territory of the other Party (Article 1). The object of other provisions is to assist manual workers and salaried employees, nationals of one of the Parties, proceeding to a third country in order to take up employment, to cross the territory of the other contracting Party. These provisions have been analysed elsewhere (cf. Chapter V, § 3). LITHUANIA A Treaty has been concluded to deal with the recruitment of Lithuanian agricultural workers for employment in Germany (cf. Germany). LUXEMBURG A Labour Treaty with Belgkim is in force (cf. Belgium); another Labour Treaty signed with Italy has not been ratified (cf. Italy). POLAND Poland has concluded agreements for the regulation of seasonal emigration of agricultural labourers to Germany and Austria (cf. Germany and Austria). With France a Treaty of emigration and immigration determines the conditions, both of collective emigration and of individual emigration from one country to 154 PROVISIONS RELATING TO FOREIGN WORKERS the other, while subsidiary agreements define conditions of recruitment of Polish workers for French undertakings and those of their stay in France (cf. France). SERB-CROAT-SLOVENE KINGDOM This State has concluded an agreement with Germany regulating the recruitment of its surplus agricultural workers for seasonal employment in Germany ^cf. Germany). In addition, a reciprocity agreement concluded with Italy regulates the question of the reciprocal employment of nationals of one of the two States on the territory of the other (cf. Italy). SWITZERLAND Switzerland, which has not concluded any labour treaties properly so called, has nevertheless inserted provisions relating to questions of recruitment and the placing of workers in several treaties. Such clauses, inserted in the Treaty between Afghanistan and Switzerland, will be dealt with under (f), while in § 3 (“Admission to Trades”) provisions concerning the employment of Austrians in Switzerland will be dealt with. An Agreement has also been signed with Liechtenstein. This Agreement (28 December 1923), supplementing the Treaty concerning a customs union, stipulates in Article 5 that the Swiss Labour Office and the Government of the Principality shall supply each other with information concerning the condition of the labour market, with a view to the employment of their nationals ; by the same Agreement the Parties undertake to authorise the employment of their respective nationals, which undertaking has led to the simplification of formalities connected with entry into the two countries (cf. Chapter IV, § 3). (c) Bilateral Migration Treaties Concluded BETWEEN African Countries Exchanges of workers between African colonies or between these colonies and the independent African States have been regulated either by means of recruitment agreements setting forth detailed regulations with regard to these movements, or else by provisions inserted in more general treaties. It should be noted that the first understandings on this subject were in many cases concluded at an early date; in fact it will be seen that regulation of the migration of African workers by agreement between the Governments concerned has considerably preceded international regulation of the migration of European workers. MIGRATION BETWEEN AFRICAN COUNTRIES 155 BELGIUM (CONGO) Though the Decrees which regulate immigration into the Belgian Congo (cf. Volume II, p. 62) lay down special rules respecting the admission of workers imported as a result of agreements, no formal agreements for the recruitment of workers appear to have been concluded hitherto, although from early days facilities were provided for an exchange of workers with Liberia. Gongo-Llberia.—Article 15 of the Treaty of 15 December 1891 between the Congo Free State and the Republic of Liberia lays down that nationals of either Party naay lawfully emigrate and enter into engagements for the purpose of taking up employment within the territory of the other Party. FRANCE (COLONIES) Several agreements have been entered into for the purpose of procuring labour required by the French colonies in Africa. France-Liberia.—In Article 4 of an Agreement dated 8 December 1892, concerning the fixing of the frontiers between the West African colonies and Liberia, a stipulation was inserted to the effect that the Liberian Republic undertook to facilitate as far as possible, in the future as in the past, the free engagement of workers on the coast of Liberia by the French Government or by French nationals. The same facilities are to be granted reciprocally to the Republic of Liberia and to its nationals on the French section of the Ivory Coast. France-Portugal.—Following an agreement with the Portuguese Government, the French colonies of Mayotte and Nossi-Bé were authorised on 23 June 1881 to recrtiit workers on the Mozambique coast. A similar authorisation was granted to Réunion on 23 April 1889; but in 1892 the Portuguese Government decided that the number of workers engaged should not exceed that of workers repatriated LIBERIA (REPUBLIC OF) Reciprocity agreements with the Congo and with France facilitate the exchange of workers between Liberia and the Belgian and French West African colonies (cf. Belgian Congo and France). A recruitment agreement regulates the temporary engagement of Liberian subjects for the Spanish colony of Fernando Po (cf. Spain). 1 Giraud : Principes de colonisation et de législation coloniale. Part II, Vol. II, p. 214. 156 PROVISIONS RELATING TO FOREIGN WORKERS PORTUGAL (COLONIES) Apart from the agreements between Portuguese colonies examined in Volumes I and II (agreements for the recruitment of labour needed in St. Thomas and Principe, in Angola, Mozambique and Cape Verde), international agreements have been concluded to regulate the emigration of natives of Mozambique for employment in South Africa (cf. South Africa), in some French colonies (cf. France) and in Southern Rhodesia. The main features of these treaties are the limitations placed on the number of Portuguese natives to be imported by foreign countries recruiting labour in Mozambique, and the limited period for which they are engaged. Portugal (Mozambique)-Southern Rhodesia.—A first agreement concluded between the Portuguese Colonial Ministry and the Governor of Mozambique on one side and the British South African Company and the Native Labour Bureau in Southern Rhodesia on the other, regulated on 28 August 1913 and 4 July 1914 the recruitment of native workers in the district of Tete (Mozambique) for employment in Southern Rhodesia. By mutual consent this agreement, expiring in 1919, was prolonged until 31 March 1925. A new agreement, without any time limit, was entered into on 22 July 1925 by the Portuguese Colonial Ministry and the Government of Mozambique with Southern Rhodesia ; it makes permanent regulations with regard to this question and was enforced retrospectively as from 1 April 1925. Under this new agreement the Governor of Mozambique undertakes to permit the recruitment of native labourers within the district of Tete by the Rhodesian Native Labour Bureau, provided that such permission will not be effective within areas the natives of which are subject to obligations under loenl laws at present in force or under legal contracts now existing with the Government of the Province, if such obligations would be interfered with by any recruiting operations; nor shall the number of native labourers from the district of Tete who may be in Rhodesia at any time as the result of such recruitment exceed a monthly average of 15,000. To effect this recruitment the Government of the Province shall grant a licence to the Rhodesian Native Labour Bureau, to recruit native labourers, for which a fee of £100 per annum shall be paid. All agents of the Bureau must further obtain a licence, for which a fee of £10 per annum has to be paid. Stamp and other duties payable to the Government of the Province in accordance with the laws from time to time in force in the said Province shall be payable, but in the event of such duties exceeding the sum of £30 the fee of £100 shall be reduced so that the fee, together with the said duties, shall not exceed £130. Agents licensed as aforesaid shall have full power and authority to enlist native labourers and despatch them to Southern Rhodesia after they have been duly attested by an official of Mozambique; such officials shall be appointed at every station to assist the recruiter and shall give facilities for the despatch of the labourers to Southern Rhodesia by the most direct or convenient route (Articles 4 and 5). The Government of the Province reserves the right to prohibit recruiting by or distribution to any employer in Rhodesia who, upon a joint investigation by representatives of the three Parties to this agreement, may be MIGRATION BETWEEN AFRICAN COUNTRIES 157 found to have failed in some substantial respect or repeatedly after warning to comply with any obligation imposed by this agreement or by any regulation in force in the district of Tete not inconsistent therewith. In the event of any party hereto not being agreeable to abide by such prohibition, it may appeal to the President of the Appeal Court of Lourenço Marques, who as arbitrator shall definitely decide the matter within three months (Article 2). When the workers arrive in Southern Rhodesia the labour contracts which serve for passports are attested by the Portuguese Curator (see below) upon payment of a fee of £1. The passport remains in foree for two years, after which it is renewable upon payment of a further fee of £1 per year. After completion of the first twelve months’ contract the Native Labour Office pays a fee of 6d. per month or portion of a month for each labourer re-engaged. An amount equivalent to the whole of the native tax collected in Salisbury from natives of the district of Tete and to half of such tax collected elsewhere in the colony is also payable to the Curator. Should the total sum paid to the Curator under the terms of the agreement in any one year fall short of £4,500, the Government of Southern Rhodesia is to pay him such further sum as may be necessary to bring the total payment up to £4,500 (Articles 6-9). The provisions of the law of Southern Rhodesia in respect of registration, payment of tax, and otherwise shall apply to all natives of Portuguese territory, provided, however, that officers issuing registration certificates to such natives shall furnish them free of charge, together with the necessary passports or documents (Article 10). The agreement authorises the Government of Mozambique to maintain an officer in Salisbury, styled the Curator of Portuguese Natives in Southern Rhodesia, to whom, in addition to the powers vested in him by the emigration regulations in force in the Province, the following powers and duties shall attach : (a) to approach the Government of Southern Rhodesia and its officers with a view to arriving at an understanding in matters relating to Portuguese natives residing in Southern Rhodesia ; (b) to collect all fees payable to him imder the agreement; (c) to promote by all means at his command the registration of Tete natives residing in Southern Rhodesia; (d) to organise a deposit and transfer agency for moneys belonging to natives of Tete under his jurisdiction; (e) to grant extension of passports to natives of Tete ; (f) to ascertain the allotment of labourers to different employers for the purpose of recording their places of employment. Further, all moneys belonging to the estates of natives of Portuguese East Africa deceased in Rhodesia are to be paid over to the Government of the Province through the Curator. The Curator shall also be notified of particulars of compensation payable in respect of accidents in order that such compensation may be paid to the beneficiaries through his office (Articles 3, 11 and 15). On its part, the Government of Southern Rhodesia and its officers shall assist the Curator in the exercise of his functions, particularly by facilitating access by him to places where Portuguese natives may be located (Article 14). No pass shall be issued in Rhodesia to enable natives of Tete to travel to any other Colony or Territory, except the Province of Mozambique, without the production of a written authority from the Curator. The Rhodesian Native Labour Bureau shall make arrangements, in consultation with the Curator, whereby one-half of the wages earned by the native labourers of Tete during the period of their engagement shall be paid to them upon their return to the district in which they were engaged, less advances made 158 PROVISIONS RELATING TO FOREIGN WORKERS on engagement, passport renewal fees and cost of repatriation (Articles 13 and 16). Other provisions relate to the baggage of natives of Mozambique returning from Rhodesia. The Portuguese Customs reserve the right to examine baggage when natives arrive in Mozambique, but each returning native may carry 30 kg. of personal effects : other goods are subjected to certain duties (Article 12). The agreement does not apply to natiyes of Mozambique who entered Southern Rhodesia prior to 1 January 1903. SOUTH AFRICA As South Africa is a country which has to import labour, the Government of the Union of South Africa has concluded agreements with Portugal, acting on behalf of her colony of Mozambique, whence the South African mines draw their chief labour supplies. South Africa-Portugal (Mozambique).—On 1 April 1909 a Convention was signed between the Portuguese and Transvaal Governments on the subject of recruitment of natives inhabiting the Portuguese province of Mozambique for the Transvaal mines. In 1927 this Convention was denounced by the Portuguese Government. A preliminary agreement was concluded on 16 May 1928, laying down principles to be embodied in an agreement that would be signed later. This definite agreement was concluded in Pretoria on 11 September 1928. By the terms of this agreement Portugal authorises the recruitment and the subsequent repatriation of Portuguese natives within the territories of Mozambique situated south of latitude 22 degrees South, under direct State administration, for employment in the gold and coal mines of the Transvaal province of the South African Union. Recruitment must be in accordance with the conditions established by the regulations and arrangements in operation, and particularly the arrangement of 16 May 1928 (Articles 1 and 2). The number of natives employed shall be progressively reduced to a maximum of 80,000 within five years from the date of signature of the Convention (Article 3). The recruitment of the natives, their allotment to South African enterprises, and their repatriation to the frontier at the expiry of their contracts, shall be entrusted to organisations duly approved by both thé Union Government and the Government of Mozambique, and to whom the Government of Mozambique has granted a recruiting licence. The licence is valid for one year and is renewable. An annual tax of £100 must be paid for it, a deposit of £100 furnished and a written declaration made by the holder undertaking unreservedly to fulfil the conditions imposed in connection with recruiting. The Government of Mozambique reserves the right to cancel licences in case of war, serious public disturbance or other extraordinary circumstances without payment of any indemnity ; it may also withdraw licences if the holders seriously fail to comply with the laws in force in Mozambique, such holders losing the right to withdraw their deposits of guarantee (Articles 4 and 5). Article 17 of the Convention provides that, subject to arrangement between the Union and Mozambique Governments, it shall be competent for the Government of Mozambique to authorise the emigration of natives to South Africa to seek employment upon the mines without the intervention of the recruiting organisation. Any such natives shall be subject to the provisions of the Convention and shall fall within the quota laid down in Article 3 of the Convention (see above). The Government of Mozambique reserves the right to prohibit recruiting for any mine the management of which is found upon joint investigation MIGRATION BETWEEN AFRICAN COUNTRIES 159 by representatives of the two Governments to have failed to comply in some substantial respect, or persistently after warning, with the obligations imposed (Article 6). Natives rejected as unfit for work on the mines by the medical officer of the Government of Mozambique, the recruiting organisation, or the Union, shall be returned to their homes at the expense of the recruiting organisation (Article 7). The Government of Mozambique requires natives proceeding to work on the mines to procure an identification card issued under the regulations in force in Mozambique, and a passport for which a fee of 10s. has to be paid by each native. It is valid for twelve months. It can be renewed for six months at a fee of 5s. (Articles 8 and 9). The employers of Portuguese native labourers have to pay to the Curator a registration fee of Is. per head both on engagement and on re-engagement, and in addition a tax of 2s. per head for every month during which the native is employed (Article 10). From 1929 onward, if the total sum received by the Government of Mozambique on account of passport and registration fees amounts to less than 35s. multiplied by the average number of Portuguese natives employed in the mines, the deficiency shall be made good by the mines (Article 11). The contracts of natives shall not extend for a longer period than twelve months (313 working days). The labourers may, however, re-engage themselves or extend their contracts for a further period up to six months (156 working days). The maximum period of service shall not in any case exceed eighteen months (Article 12). No native previously employed on the Transvaal mines shall again be engaged for mining employment during the six months following the completion of his contract or re-engagement (Article 8). Half of the wages paid after the first nine months of his initial engagement and during the whole period of re-engagement, that is, a sum of Is. per shift, shall be retained and shall be paid to the natives in Mozambique on their return thereto (Article 13). The sums so due by the employers shall be deposited monthly by the recruiting organisation with a bank in Johannesburg to the order of the Portuguese Curator (see helow), who forwards them to Mozambique (Article 14). All deductions from wages in repayment of advances and fees due by natives shall be made from the wages payable during the first nine months of employment (Article 18). All assets in the estates of Portuguese natives deceased in the Union, together with any accident compensation moneys due by employers, shall also be handed to the Curator, and where the heirs or beneficiaries cannot be traced shall be applied exclusively to the welfare of the native population of Mozambique (Article 15). Portuguese natives in the employment of the mines—^whether they entered the Union with a passport or whether they obtained one from the Curator—shall upon the termination of their services on the mines be regarded as prohibited immigrants and in this respect the provisions of the Immigrants Regulation Acts of the Union shall be applied (cf. Volume II, p. 326). But it shall be competent for the Curator, with the agreement of the Union Department of Native Affairs, to postpone the requirements of this Article. Any Portuguese native identified as such within the Union, who is not in possession of a valid and current Portuguese passport, shall also be regarded as a prohibited immigrant (Article 16). The Government of Mozambique is authorised to maintain an official in Johannesburg styled a Curator who shall be charged with the functions of a consular officer with respect to Portuguese natives and be invested with certain other powers and functions enumerated in Article 27 of the Convention relating to supervision over the natives, the protection of their interests, the co-operation of the Governments and the enforcement of the provisions 1 A Portuguese ofHcial appointed for the supervision and protection of natives in South Africa (see below). 160 PROVISIONS RELATING TO FOREIGN WORKERS of the Convention. The Curator registers all Portuguese natives in the Union and issues all papers which they need in order to comply with the Convention. He receives the natives’ complaints, undertakes any enquiries required to give effect to them and arranges the repatriation of natives. The Government of the Union must afford the Curator all necessary assistance in the performance of his duties (Articles 27-28). Finally, it is provided that on the expiration of the Convention all Portuguese natives who have been employed in the Transvaal mines shall return to the territory of Mozambique on pain of being considered as prohibited immigrants, and the Curator shall continue his functions pending the repatriation of such natives. SPAIN (COLONIES) An agreement has been concluded with Liberia for the purpose of procuring the labour required by the agricultural undertakings of the colony of Fernando Po. Spain-Liberia.—A Treaty was signed on 22 May 1914 to regulate the recruitment in the Republic of Liberia of agricultural workers to be employed in the Spanish colony of Fernando Po. This agreement authorises the Government of Liberia to appoint a consul at Fernando Po and to establish agents called “labour agents” at ports where agricultural workers take ship, while the General Government of the Spanish Possessions on the Gulf of Guinea is authorised to appoint agents for the recruitment of labourers in Liberia and to open a recruitment office in that country. The supervision of labour contracts is entrusted to these authorities. (Articles 5 and 9 prescribe in detail how the authorities mentioned are to co-operate for this purpose.) The maximum duration of contracts is two years and the minimum one year ; and the authorities of Fernando Po are responsible for ensuring that no labourer engaged under a contract remains in the colony beyond the period fixed for his departure from Liberia. Any recruitment of labourers without the authorisation of the Spanish and Liberian authorities is prohibited. Labourers cannot be recruited directly on behalf of particular undertakings in Fernando Po ; all labourers are sent directly to the Liberian consul in Fernando Po and on arrival they are allotted to different employers through the Curator (a special Spanish' Government official) to whom the consul hands over the workers on arrival. Contracts have to be signed at the Curator’s office in the presenee of the Liberian consul, in conformity with the provisions concerning labour contracts in force in the colony. Four copies of each contract are made and endorsed by the Liberian consul and the Curator. The Government of the Spanish possessions on the Gulf of Guinea guarantees that the full wages of agricultural labourers shall be paid to them. The Curator shall not permit labourers to be engaged by an insolvent employer unless a solvent person comes forward to vouch for him. The labourer receives half of his wages every month; the other half is retained until the contract expires and is handed to the captain of the vessel on which the labourer returns, by whom it is paid to the labourer when he arrives in Monrovia in the presence of the labour agent. The Liberian consul in the colony of Fernando Po may, in his capacity as representative of the Liberian labourers, hand in complaints which he considers to be justified in the interests of his countrymen to the office of the Colonial Curator; he may appeal to the Governor-General of the colony from the Curator’s decisions. He is empowered to inspeet undertakings in which Liberian workers are employed and to report to the Curator any defects noted by him as regards the workers’ conditions. The Government MIGRATION BETWEEN AMERICAN COUNTRIES 161 of the Spanish colony guarantees that the provisions relating to fair treatment of workers engaged shall be observed. Liberian workers are to be transported in Spanish vessels on the outward and return journeys. For every contract signed in presence of the Curator and endorsed by the consul a fee of 2 shillings must be paid and a further tax of 4 shillings is paid to the Liberian consulate when Liberian workers are registered for repatriation. (d) Bilateral and Plurilateral Treaties concerning Migration between American Countries The International Labour Office has no knowledge of any labour treaty properly so called concluded between American countries up to the present. A provision concerning recruitment for employment abroad was, however, inserted in the Central American Convention of 1923 on the co-ordination of laws for the protection of workers; and the United Stales and Mexico have incidentally regulated questions of labour recruitment by agreement. Costa Rica-Guatemala-Honduras-Nicaragua-Salvador. — According to Article 1 of the Convention signed by the Central American Republics on 7 February 1923, the contracting States are prohibited “from concluding individual or collective agreements with groups of workers who are nationals of one of the signatory States for their employment in another eountry —whether a signatory State or not—without the two States having previously concluded an agreement to determine the conditions under which the said workers are to live. The principles of sueh an agreement shall be in accordance with the legislation of each country ; and where such legislation does not exist in each country it shall be considered an indispensable condition to guarantee to all workers the cost of returning to their homes.” United States-Mexico.—In Article 8 of the Treaty relating to the prevention of smuggling, concluded on 23 December 1925, the United States and Mexico agree that in all cases in which either of the contracting Parties may suspend or waive its regulations relating to the recruiting of labourers in the territory of the other, or in cases where either of the contracting Parties may grant special permits for contract labour, the country granting such permits or so suspending or waiving its regulations will give due notice thereof to the other. (e) Bilateral Treaties concerning Migration BETWEEN Asiatic Countries No formal agreements exist to regulate movements of workers within the eontinent of Asia, but most of these movements, which are very considerable, are nevertheless effected by means of understandings arrived at between the countries concerned. n 162 PROVISIONS RELATING TO FOREIGN WORKERS Thus, several British possessions (Ceylon, the Straits Settlements, and the Federated and Vnfederated Malay States) in order to obtain permission to reeruit unskilled labourers in British India have brought their legislation into harmony with the Indian Emigration Act of 1922, and these understandings have been discussed in committees composed of delegates of the two Parties concerned. The Straits Settlements, the Federated Malay States, and French Indo-China have in the same way adopted their immigration legislation to the legislative provisions regulating the recruitment of natives in the Dutch East Indies for employment outside the country. In Volume I (pp. 153-154 and pp. 179-180) will be found the regulations in force in the Dutch East Indies, relating to such migration and in Volume II, pp. 211-212 and pp. 223-226, the immigration regulations concerning workers from the Dutch Indies for employment in the Straits Settlements and the Federated Malay States. (f) Bilateral Treaties concerning Migration BETWEEN Two CONTINENTS Like the continental agreements, labour and recruitment treaties concluded between countries situated in two different continents regulate migration movements and make conditions as to the treatment of emigrant workers while employed abroad. However, although the general objects of migration and labour treaties concluded between countries belonging to the same continent and those between countries situated in different continents are similar, the treaties analysed below nevertheless possess some special characteristics. In the first place, while a. large number of continental treaties regulate temporary or seasonal migration movements, the treaties analysed here deal with stable or even permanent settlement; this intention is clearly expressed in the preliminary declaration to the Treaty between Poland and Brazil, in which it is stated that the object of the Treaty is to regulate the migration of families of agricultural workers proceeding to the State of São Paulo in Brazil with the intention of settling there and pursuing agricultural occupations. MIGRATION BETWEEN TWO CONTINENTS 163 The second characteristic to be noted is apparent in the same declaration : regulation of the emigration of persons wishing to engage in agricultural occupations, or to take up paid employment in rural enterprises, or the settlement of immigrants taking up land themselves in colonisation centres in the country of immigration. Further, the reciprocal principle is, as a rule, abandoned in these treaties, since the emigration movements in question flow in one direction only. So far, very few agreements of this kind have been embodied in formal treaties, though negotiations relating to settlement with a view to colonisation frequently have been, and are still being, entered into. AFGHANISTAN To the general preliminary Convention signed with Switzerland on 17 February 1928, a protocol was annexed in which the plenipotentiaries affirm the desire of the Federal Council of Switzerland “to give every possible assistance to the Government of Afghanistan in engaging in Switzerland any technical experts and specialists who might be required by that Government”. BRAZIL Brazil was the first American State to conclude treaties with European countries with the object of obtaining the agricultural labour which she requires. Such agreements have been concluded with Italy and with Poland. Brazil-Italy.—^The Agreement concluded on 8 October 1921 after prolonged negotiations is styled “A Convention respecting Emigration and Employment”. Its negotiators intended this to be a preliminary agreement laying down general principles to be observed in the negotiation of subsequent agreements. The Treaty of 1921 is preceded by a declaration in which this intention is clearly expressed. The main principles embodied in the text itself are the following : Equal treatment with nationals as regards all matters connected with compensation for industrial accidents, the allowances, benefits and privileges prescribed by laws and regulations being granted in each country to nationals of the other country and to their legal heirs, irrespective of residence or of any other conditions not imposed on nationals of the country in question (Article 1). Recognition by the Brazilian Government of individual or collective labour contracts concluded in Italy by Italian workers for employment in Brazil, provided that they are not contrary to regulations made by public authorities (Article 2). Recognition by the Federal Government of Brazil of agreements made between the competent administrative departments of Brazil and the Italian General Emigration Department respecting the engagement of 164 PROVISIONS RELATING TO FOREIGN WORKERS Italian workers, provided that the agreements in question have been submitted for the approval of the Federal Government and the Government of the State in which they are to be carried out (Article 3). Obligation on the part of the Federal Government of Brazil to ensure through its Labour Department that labour contracts made by employers with Italian workers are duly fulfilled and to provide for the protection of such workers and for placing them in employment under the best possible conditions (Article 4). The Brazilian Government also imdertakes to facilitate the organisation and working of consumers’ co-operative societies as well as co-operative credit, production, labour, thrift, benefit, etc., societies formed among Italian agricultural workers, and the operations of Italian societies regularly constituted among Italians in Brazil, for the purpose of advising Italian immigrants and facilitating their employment (Articles 5 and 7). The principle of the most-favoured-nation clause is embodied in Article 6, according to which “Italian immigrants to Brazil shall enjoy all the advantages, benefits and privileges now or hereafter granted to immigrants from Other countries”. At the time when the above Convention respecting emigration was concluded, a recruitment agreement to which a model labour contract was attached was signed as a result of negotiations between the Italian Emigration Department and the colonisation societies of the State of São Paulo. The Government of the State of São Paulo, however, refused to approve this agreement. • Brazil (State of São Paulo)-Poland.—^Though this agreement, signed on 19 February 1927 and put into immediate execution pending its ratification, is not a treaty between Governments but an agreement between competent administrative departments (the Labour Department of the Ministry of Agriculture, Commerce and Public Works of the State of São Paulo of Brazil and the Emigration Office of the Ministry of Labour and Social Assistance in Poland), it is very similar to the treaties analysed above as regards the subjects with which it deals. It is a complex agreement dealing with emigration, recruitment and settlement at one and the same time. Its main purpose is to make arrangements for the emigration of Polish famiUes with a view to their definite settlement in colonisation centres in the State of São Paulo, usually in the capacity of wage earners. But at the same time the treaty opens up to emigrants prospects of eventually becoming independent agricultural settlers. In the matter of conditions imposed with regard to emigration, the agreement stipulates that emigrants are to be recruited and selected in Poland by the Emigration Office of the Ministry of Labour and Social Assistance at Warsaw, through the State Employment Exchanges and Offices for Assistance to Emigrants (Article 1). Before their departure, emigrants are medically examined, in concentration centres selected by the Emigration Officer, by a doctor appointed by the Office, and further inspection is carried out to make sure that they conform to the conditions laid down by the laws and regulations of the Federal Government of Brazil and of the State of São Paulo with respect to the transport of assisted migrants by authorised recruiting agents and to see that they fulfil the other conditions imposed by the agreement. This inspection is carried out by officials of the Emigration Office in the presence of a representative of the Labour Department of the State of São Paulo (Article 2). The special conditions imposed by the agreement are as follows : (a) emigrants must be physically fit for productive work and must have reeeived information as to the living and working conditions offered to them on Brazilian agricultural estates (fazendas); (b) they must possess a certificate of good conduct; (c) they must be agriculturists by profession emigrating in family groups (father, mother and legitimate child) consisting MIGRATION BETWEEN TWO CONTINENTS 165 of at least three able-bodied persons aged between fourteen and fifty years old; members of a family thus constituted may be joined by other relations of the head of the household, irrespective of age and civil status, except in the case of nephews and adopted sons who must be at least twenty-one years old in order to be counted as members of a family (Article 3). The Emigration Office undertakes to refrain from recruiting persons who are considered to be undesirables, or dangerous to public health and safety, according to Brazilian laws and regulations (Article 4). Conditions for the transport of emigrants follow. According to Article 16, emigrants shall be exclusively transported by recruiting agents officially authorised to introduce immigrants into the State of São Paulo Emigrant families with their baggage are transported from their homes in Poland to the place in the State of São Paulo where they are to be employed in conformity with the conditions established with regard to assisted immigration by the laws and regulations of the State of São Paulo During the whole of the voyage they shall be assured proper food, and suitable accommodation wherever the journey is broken, as well as medical attendance and medicines in case of illness. Emigrants may be accompanied during the voyage by a representative of the Polish Emigration Office (Article 5). Emigrants are to be transported by shipping companies authorised by the Polish Government in agreement with the laws and regulations of BrazU and the State of São Paulo relating to the transport of migrants. Polish shipping companies have a right of priority, but are subject to the same conditions as other companies. But if BrazUian shipping companies should at any time organise direct services between the Polish ports on the Baltic and Santos they shall have the same rights as Polish companies (Article 6). In case of decease, in validity or disablement for work as a result of illness or accident on the part of the head of a family or of his wife, the emigrant’s family shall be returned to its home in Poland in conformity with the legislation of the State of São Paulo and subject to conditions as regards transport identical with those observed on the outward voyage (Article 7). Other provisions of the agreement relate to the living and working conditions of Polish workers engaged by owners of plantations in São Paulo. The Brazilian Department of Labour promises : (a) to guarantee equal treatment of Polish agricultural workers with BrazUian citizens as regards labour legislation, protection of workers, relief and social insurance, general and technical education, and rights of association and combination ; (b) to facilitate the organisation and functioning of mutual credit, relief and educational societies and all other societies whose objects are of an economic or social nature. Finally, the most-favoured-nation clause is inserted to ensure that Polish workers shall enjoy all rights and privileges granted to workers of other nationalities (Article 8). Article 9 requires that Polish families for work on plantations in São Paulo shall be engaged according to the terms of contracts approved by both Governments and appended to the agreement. These contracts are of two kinds : for settlers and for “coffee pickers” (Article 9). Article 14 adds that planters employing not less than ten Polish families shall organise a crèche for the children of women workers and an elementary school. Article 11 provides for a system of inspection in order to secure the observation of the conditions laid down by the treaty. The Department of Labour of the State of São Paulo may appoint a liaison officer at Warsaw between that Department and the Polish Emigration Office, so that information may be exchanged with regard to the labour market, supply of and 1 Of. Vol. II, pp. 237-239. 2 Of. Vol. II, pp. 237-239. 3 Of. Vol. II. pp. 344-345. 166 PROVISIONS RELATING TO FOREIGN WORKERS demand for labour, wages, and labour conditions. This officer has to be present at the medical examination and the selection of emigrants according to their qualifications. He must make sure that emigrants fulfil the conditions imposed, and issues the visa required for shipment and transport of emigrants to the State of São Paulo. On the other hand the Polish Emigration Office maintains a representative at São Paulo holding a similar position as liaison officer between the two Governments. This official has to be present at the landing of the immigrants, and at their arrival at immigrants’ hostels. He visits them in these hostels, and serves as an intermediary between them and the Brazilian Government so as to avoid misunderstandings and discontent. He is also present at the signing of labour contracts and gives advice to immigrants on those occasions, subject always to the regulations of the official Labour Exchange. With the planter’s consent he may visit plantations on which Polish nationals are employed, and investigate the way in which the stipulations of the contraet are carried out. Cases of failure to carry out these obligations he reports to the employers and to the “Patronato Agricola” of the State of São Paulo and co-operates with the “Patronato” in solving any difficulties connected with Polish workers. This official may also arrange for the opening of missions, libraries, crèches, schools, etc., to minister to the religious and intellectual wants of Polish immigrants. Medical attendance is afforded to immigrants in two ways. On the one hand, Polish workers are entitled to benefit by medical services organised by the owners of fazendas by making monthly payments which labour contracts may state to be compulsory. On the other hand, the agreement authorises Poland to appoint Polish sanitary inspectors who give assistance to newly arrived immigrants, and teach them how to safeguard their health, etc., without encroaching upon the province of the Brazilian doctors (Article 12). Article 13 determines the facilities to be granted to Polish immigrants for the acquisition of plots of agricultural land. The Article lays down that the competent Government Departments in São Paulo shall bring available lands in colonisation centres to the knowledge of the Polish Emigration Office, and that preference shall be given to Polish families having been employed for two consecutive years in a fazenda when immigrants are to be given an opportunity of settling in these centres. i&tiele 15 finally provides that in December of each year the Department of Labour of the State of São Paulo shall inform the Polish Emigration Office of the number of immigrants who can be received during the following year. CHINA There have been many agreements dealing with the emigration of indentured coolie labour. They have been concluded partly with the object of obtaining the consent of the Chinese Government to the recruitment of its subjects, and partly with that of establishing conditions with regard to the employment of the workers recruited, the assistance to be afforded them, and the methods bj^ which they are to be returned to their homes on the termination of their engagements. 1 Of. Vol. II, p. 153. MIGRATION BETWEEN TWO CONTINENTS 167 China-Great Britain.—In a general Treaty dated 24 October 1860 a stipulation was made to the effect that the Emperor of China undertook to command provincial governors to proclaim that Chinese choosing to take service in British colonies or other parts beyond the seas were at perfect liberty to enter into engagements with British subjects for that purpose, and to ship themselves and their families on board of any British vessels at any of the open ports of China. It was further provided that such regulations for the protection of Chinese emigrants as the circumstances of different open ports demanded should by common agreement be framed (Article 5). On 18 May 1904 an Agreement was concluded which provided that, when Chinese labourers are required for a particular British colony or protectorate beyond the seas, His Britannic Majesty’s Minister in Peking shall notify the Chinese Government, stating the workers’ place of destination, the proposed port of embarkation and the conditions of their engagement. The Chinese Government shall instruct the local authorities to take aU the steps necessary to facilitate emigration. The “Taotai” at the port shall at once appoint an officer, to be called the Chinese inspector, who, together with the British consular officer at the port or his delegate, shall make known by proclamation and by means of the native press the text of the indenture with any necessary particulars respecting the country to which the emigrant is to proceed and respecting its laws. The British consular officer shall confer with the Chinese inspector as to the installation of the necessary offices, to be called emigration agencies, in which the Chinese inspector and his staff shall have suitable accommodation for carrying on their duties. There shall be kept a register in Chinese and English, in which the names of intending indentured emigrants shall be inscribed, in this register there shall not be inscribed any person under twenty years of age unless he shall have produced proof of his having obtained the consent of his parents or other lawful guardians to emigrate, or, in default of these, of the competent magistrate. After signature of the indenture according to the Chinese manner, the emigrant shall not be permitted to leave the depot previously to his embarkation without a pass signed by the Chinese inspector and countersigned by the British consular officer or his delegate, unless he shall have, through the Chinese inspector, renounced his agreement and withdrawn his name from the register of emigrants. Before departure, each emigrant shall be examined by a qualified medical officer nominated by the British consular officer or his delegate. All ships employed in the conveyance of emigrants shall embark them only at a treaty port, and shall comply with the regulations contained in the schedule annexed to the convention. For the better protection of emigrants the Chinese Government shall be competent to appoint a consul or vice-consul in the country of destination. Every indenture shall clearly specify the country of destination, the duration of the engagement, the number of hours of labour, the nature of the work, the rate of wages and mode of payment. They shall contain detailed information as to the rations, clothing, the grant of a free passage out, and, where such is provided for therein, a free passage back to the port of embarkation for the labourer and his famUy, the right to free medical attendance and medicines, and any other advantages to which the emigrant shall be entitled. To each emigrant there shall be presented a copy of the indenture drawn up in Chinese and English; such indenture shall not be considered as definite or irrevocable until after the embarkation of the emigrant. The employer is prohibited from transferring the emigrant to another employer without the emigrant’s free consent and the approval of the Chinese consul. Any such transfer shall not in any way invalidate any of the rights or privileges of the emigrant under the indenture. In every colony or protectorate to which emigrants proceed officers shall be appointed whose duty it shall be to ensure that the emigrants shall have free access to the courts of justice to obtain redress for injuries which they may sustain. During the stay of the emigrant in the colony, all possible 168 PROVISIONS RELATING TO FOREIGN WORKERS facilities shall be afforded to him for communicating with his native country and for making remittances to his family. Repatriation of the emigrant and his family, whether on the expiration of the indenture or from any legal cause, or on account of his having been invalided through sickness or disablement, shall always be to the port of shipment in China, and shall in no case take place by any other means than actual conveyance by ship ; payment of money to the returning emigrant in lieu of passage shall not be admissible. A fee of 3 Mexican dollars per head for any number of emigrants not exceeding 10,000, and 2 dollars per head for any number in excess thereof, per annum shall be paid to the Chinese Government for expenses of inspection. Ghina-Spain.—A Treaty dated 17 November 1877 regulated Chinese emigration to the Spanish colony of Cuba. By the terms of this Treaty the Chinese Government undertook to grant to its subjects (single individuals and families) full liberty to emigrate to the island of Cuba, such emigration to be purely voluntary and any other form of emigration being formally prohibited (Articles 1 to 4). This convention determined the methods of recruitment and conveyance of Chinese workers and provided that during their stay in the Spanish colony they should enjoy most-favoured-nation treatment as regards their protection. The Spanish Government undertook to ensure that the contracts of Chinese labourers should be observed and that the workers should be repatriated—as stipulated in their eontraets—at the cost in the employer FRANCE (COLONIES) France (Tunis)-Italy.—In addition to the provision contained in the Labour Treaty of 1919 analysed under (b) above, which makes provision for the application of the Treaty to be extended to colonies, etc., by means of special conventions, mention must be made of the recruitment clauses contained in the Agreement concluded between France and Italy for the year 1921 relating to the phosphate industry in Algeria and Tunis. These clauses were intended to establish a proportion between the amount of phosphates extracted from Algerian and Tunisian mines and exported to Italy, and the number of workers to be supplied by Italy for employment in the said mines. The Agreement provided that the French Government on its part should give all necessary facilities for the export of phosphates via Algerian and Tunisian ports, while the Italian Government should facilitate rapid and regular recruitment of the workers needed for the phosphate mines. The Agreement, which was for the year 1921, provided that, if freedom of the phosphate trade was not restored in the following years, the quantity exported to Italy should only be reduced if the number of Italian workers employed in the mines was also reduced. An agreement was concluded between the General Emigration Department and the Gafsa Mining Company to regulate the conditions of employment of the Italian workers \ INDIA Agreements have also been concluded to govern recruiting of Indian workers for various parts of the world. The recruitment of workers in British India for employment in French colonies was the object of a Treaty between France and Great Britain dated ^ Cf. Li Koue Tsai: La Réglementation internationale de Vémigration» pp. 68'71. Law thesis. Lyon, 1928, pp. 68-71. 2 Boïlettino della Emigra&ionCy Oct.-Dec. 1920, p. 487. MODEL LABOUR CONTRACTS 169 1 July 1861. The migration of such workers from British India to the Dutch colony of Surinam also was regulated by a Treaty, between Great Britain and the Netherlands, dated 8 'September |1870. These treaties were denounced by Great Britain. The Indian Act of 1922 prohibiting the emigration of unskilled workers except to certain specified countries has given rise to negotiations which have taken place between India and various other parts of the British Empire with a view to such countries accepting the restrictions imposed by India upon the emigration of her workers. Such emigration is still exclusively Asiatic in character (cf. above, § e). NETHERLANDS (COLONIES) The recruitment of workers in the Dutch Indies has not been dealt with in treaties properly so called. It has, however, given rise to agreements between certain Asiatic countries, mentioned earlier in relation to arrangements which have been made between the Dutch Administration and that of certain French colonies with the intention of bringing legislative provisions into harmony, and facilitating the engagement of workers with a view to their employment in the said French colonies. Thus, in 1926 an arrangement of this kind was made to allow the recruitment of Javanese workers for undertakings in New Caledonia. It was agreed that engagements might be entered into for a period of five years at a monthly wage of 16.5 gold francs for men and 11 gold francs for women workers. In addition, the employer must furnish the workers engaged with a sufficient supply of clothing, of which- the model contract specifies the nature and quantity. Further, he must constitute a savings fund, by monthly payments of 5 gold francs per worker, the total amount (300 gold francs) to be handed to the worker when he is repatriated. If upon completion of his contract the Javanese coolie wishes to remain in New Caledonia, with a free residence permit, the above amount is to be handed to him there. The cost of the journey out and home has to be met by the employer. The Dutch Indies Administration further stipulates that each contingent of workers engaged must include not less than 25 per cent, women § 2.—Model Labour Contracts Agreements for the recruitment of labour often stipulate that workers must be engaged on the basis of a model contract drawn up according to methods laid down by treaty. Sometimes such contracts are drawn up jointly by the contracting Parties. In other cases it is agreed that a model contract is to be worked out by those departments of the immigration country which are competent to exercise control over the economic 1 Bulletin de l’Agence générale des colonies, May 1926, p. 761. 170 PROVISIONS RELATING TO FOREIGN WORKERS activities for which the labour is required. Where a contract is drawn up by one Party only, that country generally agrees to communicate the text to the Government of the other country concerned before it is brought into use and to notify it of any subsequent amendments introduced. The objeet of a model contract is to supplement an agreement and to define more closely those provisions which are to be applied in practice. The adoption of this procedure enables the parties concerned to confine themselves in the treaty to the laying down of general principles which are to govern the reeruitment of labour, reserving the more elastie and adaptable contract to define the ways in which recruitment is to be effected, and the conditions of employment and standard of living to be secured to the workers. When a contract is drawn up jointly, the treaty quite often provides for the administrative departments concerned to get periodically into touch with each other in order to make any necessary alterations. Thus the Franco-Polish Treaty of 1919 and the Franco-Czechoslovak Treaty of 1920 make provision for annual conferences at which the model contracts of Polish and Czechoslovak workers in Franee are to be considered. Model labour contracts differ so widely that a detailed analysis of all those in actual use between countries regularly supplying each other with labour would serve no useful purpose. But for documentary purposes, as an example of the stipulations that aire likely to be met with, three model contracts are analysed below. The first is a model agreement for the collective recruitment of seasonal agricultural labourers. It is used as a basis for the engagement of Yugoslav labourers to be employed in German agriculture, and was appended to the recruitment agreement concluded between Germany and the Serb-Croat-Slovene Kingdom on 22 February 1928. The second is a model contract for the recruitment of agricultural labourers, without limitation to any short period of time. It is used for the reeruitment of Czechoslovak agricultural labourers for France and is drawn up and varied where necessary by agreement between the competent French and Czechoslovak departments, in accordance with the stipulations contained in Article 12 of the Convention on Emigration and Immigration, dated 20 March 1920. MODEL LABOUR CONTRACTS 171 The third is a model contract for the separate engagement of individual industrial workers which was appended to a recruitment agreement concluded by Austria and France in 1926 to regulate the employment in France of Austrian workers. The analysis made of this latter, in accordance with a communication received from the Austrian Emigration Office, forms a useful addition to the brief analysis which has been given of the treaty itself, which has not been published. Though limited to a particular occupation—^that of seamen— the Draft Convention adopted at the Ninth Session of the International Labour Conference (1926) may be given as an example of international regulations made in connection with a labour contract. This Draft Convention, concerning seamen’s articles of agreement, lays down the method to be used in drawing up such an agreement, the clauses to be embodied in it, the guarantees to be furnished for its execution, the reasons for which the contract can be terminated or annulled, etc. It is implied in this Convention that its provisions shall apply to foreigners employed in the mercantile marine of States ratifying the Convention as well as to nationals. (a) Model Labour Contract for Yugoslav Seasonal Agricultural Workers ^ Drawn up by the Technical Committee for Agriculture and Forestry of the German Federal Institute for Employment and Unemployment Insurance 1. Duration of the contract.—After indicating the names and addresses of the parties to the contract, with any other information required, it shall be stated in the contract that the workers recruited collectively undertake to remain in the service of the employer from the day on which the contract is concluded until the time when agricultural work ends for the season —■ 15 December of the current year — at the latest ; and further, that they will undertake any work by the day or by the job allotted to them by the employer or his representative. The workers shall state that they are in perfect health, have no physical defect which might hinder them in their work (in the case of women, that they are not pregnant) and that they are experienced in all the usual agricultural occupations. Men of military service age shall further state that to their knowledge it is not likely that their contracts will be broken owing to their being called up for military service. 2. Hours of work.—The hours of work and the method of calculating them shall be in accordance with the regulations in force in the locality or in the district where the work is to be undertaken. If no regulations ^ Sluzbene Novine, 1928, No. 64, XIX. 172 PROVISONS RELATING TO FOREIGN WORKERS on this subject exist, the following stipulations shall be observed : (a) the worker shaU be allowed two hours off every day in which to take his morning, mid-day and evening meals ; these breaks shall not be counted as working hours ; (b) the time spent by the worker in going from the farm to and from the place of work shall be counted as working hours ; (c) when there is urgent work to be done the worker shall be willing to work overtime for which he shall be paid as laid down in paragraph 3. The employer or his representative shall decide as to the urgency of such work. Existing provisions of the law are to apply in this respect. Apart from Sundays and holidays observed by the Protestant church, Roman Catholic workers shall have the right to absent themselves from work on Catholic holidays, unless the Catholic authorities of the district transfer the religious festival to the following Sunday. If they so desire, workers shall be given an opportunity to attend divine service on Sundays and holidays. 3. Wages.—(a) When a collective agreement for agricultural workers is in force in a place where foreign workers are employed, the latter shall receive the same wages as German agricultural workers; fbj if no collective agreement exists, foreign workers shall receive the current wages of German workers doing the same class of work and of the same degree of skill; (c) ii no scale of wages has been fixed for workers by the job, the ruling shall be observed that workers of average skill employed by the job shall receive 30 per cent, more than workers by the day. For overtime and Sunday work, the wages usual in the locality or the district shall be paid. Wages shall be paid every week. However, a sum of 3 marks may be deducted during each of the first six weeks and 2 marks during each of the following weeks, the total amount so deducted to be handed to the worker on his departure “according to rule”. By departure “according to rule” is understood departure which is not due to any fault on the part of the worker. If a worker absents himself from work without a valid reason, the employer is entitled to deduct from his wages a sum equivalent to the time lost and in addition the value of wages paid in kind during the period of his absence. These sums shall be deducted from his next wages payment. Wages shall always be paid in the presence of a witness. Complaints relating to the amount of wages shall be made at once. Those relating to the ealculation of hours of work or of jobs completed may be made within two weeks following payment. No sums shall be kept back except such part of the wages as may legally be deducted, and the fines referred to below in paragraph 7 which may be deducted as a punishment, the taxes on wages ordered by law and the workers’ contributions to social insurance funds. The employer shall post up in a conspicuous place a scale of the sums which may be deducted from the wages of workers of all categories : men, young persons, women, etc. The same procedure shall be adopted with regard to statements of accounts for foreign and for national workers in the same undertaking (wages books, etc.). 4. Wages paid in kind and aceommodation.—Every worker shall receive a weekly ration of 25 lbs. of potatoes, 7 litres of skimmed milk or 3¿ litres of unskimmed milk, 7 lbs. of bread, 2 lbs. of barley, rice, groats or dried vegetables, 1 lb. of rye flour or f lb. of wheaten flour, J lb. of fat and ^ lb. of salt. One article may only be substituted for another by agreement between the parties and if the articles are of the same value. Lodgings for groups of workers shall provide for separation of the sexes and be provided with doors ; they shall contain tables, benches and washing utensils, and shall include a kitchen and a wash-house with the necessary equipment. Further, each person shall be provided with a bed, paillasse, pillow and woollen blankets. Closets shall conform to sanitary regulations. The workers’ rations shall be cooked by a woman worker selected by the MODEL LABOUR CONTRACTS 173 employer. The same person shall also clean the buildings and prepare the vegetables, for which occupations time shall he allowed her by the employer. She shall be paid the same wages as other women workers and shall in addition receive payment for Sundays and holidays. The number of cooks shall be in proportion to the number of workers. 5. Travelling expenses.—Travelling expenses from the frontier to the place of employment and registration fees are to be borne by the employer. When workers terminate their contracts in the normal way they are to be conveyed free of cost to the German frontier station from which they entered the country. They shall receive a free railway ticket with the final instalment of their wages. 6. Tools.—^Workers shall return, in an undamaged and clean condition, tools lent to them by the employer. All tools lost or damaged through misuse shall be paid for by the worker. 7. Disciplinary measures and breaches of contract.—Every worker shall undertake to assist his fellow workers in the same group to obey the orders of the employer and his representative, and shall himself observe the rules of the undertaking which employs hirn. Only penalties notice of which is posted up in a conspicuous place in the establishment may be exacted from workers. Fines levied in punishment shall be deducted from the next wages payment. If this rule is not observed, the punishment is considered to be cancelled. The amounts so deducted are to be employed for staff welfare purposes only. Either party may require the other to terminate the contract for sufficiently serious reasons, more especially the use of violence, abusive language or requirements Of an immoral nature. Other reasons considered to be serious are : persistent refusal on the part of the worker to do his work, or gross negligence in its performance ; on the employer’s part : refusal to pay wages due or repeated irregularity in payment of wages, the supplying of rations of a poor quality, or insanitary accommodation, in spite of repeated complaints. Trade union activities shall not constitute a reason for dismissal. A worker’s passport or other papers may not be retained by the employer against the wishes of the person concerned. If agricultural work finishes before 15 December the employer is bound to inform the worker of the day on which the engagement is to be terminated, a week in advance. 8. Sickness and insurance.—Every worker has a right in case of sickness to relief from the competent insurance fund. Where a worker is unable to work, a sickness allowance is paid instead of rations and wages. If the person concerned returns his rations because of sickness, the employer shall pay him a cash equivalent, according to current prices. Contributions to the sickness insurance fund are payable one-half by the employer and one-half by the worker. Arrangements for hygiene and safety which have to be observed in respect of German workers—more especially precautions to be taken in the use of refuse and manure—shall also be taken in the case of foreign workers. 9. Conciliation in case of disputes.—The officials of the German Central Office for Workers competent to supervise the carrying out of contracts shall have free access at all times to the lodgings of workers and the buildings in which they are employed. They shall receive complaints made by workers and employers, and shall offer their services with a view to the settlement of disputes. With this object they may ask both parties to supply any information that may be required. Complaints of non-compliance with contracts or inefficient work shall be dealt with by them on the spot, wherever possible. 10. Appeals in connection with disputes.—All disputes shall be brought before the labour tribunal designated in the contract, unless workers have been engaged otherwise than under a collective agreement, in which case 174 PROVISIONS RELATING TO FOREIGN WORKERS the labour tribunal shall be replaced wholly or in part by an arbitration tribunal. Finally, the workers engaged shall state, _ before signing the contraet, that they have acquainted themselves with its contents in their native language and that they fully accept the eonditions laid down by it. Following the signatures of the workers engaged, the visa of the German Central Offiee for Workers (Deutsche Arbeiterzentrale), shall be affixed, together with the signature of the employment exehange official in whose presence the workers have signed the contract, in conformity 'mth the provisions of Article 11. The registration number shall also be inserted upon it. (b) Model Contract for the Employment of Czechoslovak Agricultural Workers in France ^ The employer undertakes to assure continuous employment to the worker from the day after his arrival for the whole duration of the eontract. The worker shall obey any orders given to him to perform the work mentioned in the contract, behave in a satisfactory manner towards the employer, the latter’s family, and his fellow workers, and shall not disregard the rules of the establishment. The employer shall accord the same treatment to Czechoslovak workers as to French workers and shall, if the occasion arises, intervene to ensure that their personal and national dignity is respected (Articles 1 and 2). The work shall be organised in accordance with local custom and with the manner in which it is performed by French workers in the establishment ; or, where such are not present, French workers in the district. If an employer has engaged only Czechoslovak workers, the contract shall indicate the length of the intervals for meals. The same overtime work can be demanded from Czechoslovak workers as from French workers, provided that the same overtime pay is given. At the time of haymaking and harvesting, Czechoslovak workers shall work for the same number of hours as French workers, and on Sundays also when the work is urgent. The employer shall nevertheless endeavour to allow workers to attend divine service. On holidays and Sundays Czechoslovak workers shall give the necessary attention to animals on the farm, as is done by French workers of the same class; but these duties shall be so arranged as to leave the workers free to attend divine service. The days which are holidays in France shall be specified in the contraet. Further, Czechoslovak workers shall be allowed to absent themselves from work on the afternoon before Christmas and the afternoon before Easter Sunday (Article 3). For work of equal value Czechoslovak workers shall receive the same payment as French workers of the same grade employed in the same establishment; or, if there are none, payment shall be based on the normal wage rates current in the district. Equality of treatment is extended to allowances payable in addition to wages. Family allowances are payable in accordance with the regulations of family allowances funds. Any alterations made in the wages of French workers during the period for which the contract runs shall be extended of right to Czechoslovak workers. The contract shall indicate the basic monthly wage of men, women, young men workers between sixteen and eighteen, and young women workers between sixteen and eighteen, also any bonuses and allowances which may be payable, whether with lodging but without board and washing, or with board, lodging 1 république Française, Ministère D’Agriculture. Service de La Main-d’Œuvre ET D’Immigration Agricole : Convention et règlements relatifs à l’immigraMon et à l’émigration, p. 145. Paris, 1928. MODEL LABOUR CONTRACTS 175 and washing. Board and washing are calculated at 180 francs per month (this amount may vary with the cost-of-living index). The rations of Czechoslovak workers shall be the same as those of French workers. If workers are not satisfied with the rations provided, they can after a trial period be transferred from the category of workers with board to that of workers without board. When workers receive no board the employer shall give them any information useful to them in procuring victuals of a good quality and shall provide them with the utensils required in the preparation of the food. Children below sixteen are allowed to work subject to conditions to be agreed upon between the persons concerned, with the consent of their parents and in accordance with legislative provisions referring to minors and especially those concerned with compulsory elementary education. For monthly wages, piece wages can be substituted by agreement between the persons concerned and subject to the general conditions described above (Article 4). Time wages are payable in cash every month, piece wages on completion of each job, subject to the conditions which are customary for French workers, 75 per cent, of the approximate amount of the wages due being paid each month. A wages book corresponding to an official model shall be used ; this is the property of the worker and shall remain in his possession together with his identity papers : passport, labour contract, and extract from the register of deaths, births and marriages. Wages, loans, deposits etc., and advances made for travelling expenses shall be entered in the book (Article 5). The employer is responsible for the selection of workers, the provision of accommodation, travelling arrangements, rations and travelling expenses from the centre of distribution in France. Railway fares from the recruiting station in Czechoslovakia to the centre in France from which workers are distributed are paid by the worker, but advances for travelling expenses may be made by the employer and reimbursed by deducting not more than 10 per cent, of the total wages. A worker who has fully completed his contract is to receive a sum equivalent to the amount provided for travelling expenses, which has been fixed by agreement at 250 francs. This amount is subject to revision (Article 6). The lodgings of workers shall be in a sanitary condition, heated and lighted as for French workers, separate accommodation being provided for unmarried workers of the two sexes. Households and families have a right to demand separate lodgings. The employer shall provide every worker with a bed, paillasse, bolster, sheets and blankets. When workers are housed in stables or cattlesheds this shall be specially mentioned in the contract (Article 7). Workers shall enjoy the benefits of French legislation regarding industrial accidents. In case of sickness the employer shall provide accommodation, food, medical attendance and medicines, either on his own premises or at a hospital, for the period of the sickness ; or, in cases of prolonged sickness, for at least eight weeks. If the employer is insured the worker receives sickness insurance benefit for the period prescribed by the regulations of the insurance fund, if that period is in excess of eight weeks. The worker must insure against risks by means of contributions which shall not exceed 2 per cent, of his total wages. In case of decease, the employer shall observe the necessary formalities and shall at once notify the Justice of the Peace who shall inform the Minister for Foreign Affairs (Article 8). The employer may annul the contract if the worker • (a) persistently refuses to observe the obligations imposed on him by the contract, (b) on the ground of bodily violence, or ill-usage offered to the employer, the staff of the establishment, or the workers employed, (c) if the worker refuses to be taken to hospital in a case of infectious illness, (d) it the worker habitually conducts himself in a way calculated to undermine the discipline of the establishment. The worker may annul the contract: (a) on the ground of bodily violence or ill-usage offered by the employer or his 176 PROVISIONS RELATING TO FOREIGN WORKERS representatives, (b) if the employer refuses to hand over to the worker his personal papers. Alleged acts providing grounds for cancellation of a contract shall be verified by the local constable (garde champêtre) or by two persons of repute in the district. The defaulting party responsible for the annulling of the contract shall pay compensation amounting to three francs for each week of the unexpired period. If the contract is annulled through the employer’s fault he shall refund to the worker the sums deducted in reimbursement of travelling expenses and shall in addition pay him the bonus given to workers on their departure. If the worker is responsible for the annulling of the contract, he shall refund to the employer the sums advanced in respect of travelling expenses not yet repaid b3f him. In addition to the compensation payments and refunds which follow annulment, damages may be awarded by the courts for breach of contract (Articles 9 and 10). Besides being annulled through a fault committed by either of the contracting parties, the contract may be annulled by reason of the death or serious illness of the worker’s wife, lineal ancestor or descendant, or on account of serious illness of the worker himself justifying repatriation, or by reason of exceptional circumstances forcing him to return to his native country. In this case the worker forfeits that part of the travelling expenses which he has already refunded to the employer, but he is excused from payment of the remainder. A proportion of the allowance for the return journey, corresponding to the length of time he has spent in the establishment, is paid to him (Article 11). Finally, Article 12 provides that the Ministry of Agriculture (labour and agricultural immigration section) shall at once be notified, in the French or Czech language, of any differences arising between employers and workers who are signatories to a contract, either directly or through the medium of the consular authorities. (c) Model Contract for the Engagement OF Austrian Workers in France (Appended to the Recruitment Agreement of i926) The contract shall ensure that the Austrian workers engaged shall be on a footing of equality with French workers of the same grade of skill and doing the same class of work in the district where they are employed as regards the conditions of their employment (hours of work, rest-days) and wages. If the wages of French workers are varied while the contract is running, the same variations shall be made in the wages of Austrian workers. The guaranteed minimum wage, the compensation that may be granted, special rates of wages and permissible deductions from wages shall be entered on the contract, as well as conditions relating to board and lodging. The workers engaged shall be entitled to benefit by laws relating to industrial accidents, and the labour contract shall guarantee certain benefits in case of sickness for a limited period. Travelling expenses from the recruitment station to the frontier shall be borne, as the contracting parties may agree, either by the worker to whom 3Ò0 francs shall be refunded upon termination of the contract, or by the employer, or they may be advanced by the employer and repaid in instalments amounting to 10 per cent, of the worker’s wages, up to an amount of 300 francs. Upon termination of the contract these instalments are repayable to the worker by way of a bonus. From the frontier station to the place of employment in France, the travelling expenses are always home by the employer. The worker is returned to his home at the employer’s expense in the following cases : (a) if on his arrival the worker is refused for reasons of health (except ADMISSION TO TRADES AND PROFESSIONS 177 where deception has been practised at the medical examination in the place from which the worker has come) ; (b) if he falls sick while his contract is running and if his sickness is of longer duration than the period during which benefit is provided by the terms of the contract; (c) if he is released before the expiration of the contract on account of exceptional circumstances or for any other reason beyond his control, if he requests to return to his home. It is further provided that all differences arising between the contracting parties shall he settled through the intermediary of the Section for Foreign Labour of the Ministry of Labour § 3.—Admission to Trades and Professions The international regulations to be examined under this heading relate to the following of occupations and professions by migrant workers who have been admitted to a country ; they are supplementary to the systems of regulations relating to entry into the territories of contracting Parties, which sometimes contain special provisions governing the admission of particular classes of workers. These provisions have been analysed in Chapter IV, § 1 and § 2, where special reference was made to the entry of Chinese into the United States and Mexico, and of Japanese into Australia. The employment of foreigners on paid work and the following of certain occupations, more especially the liberal professions for which a University degree is required, are now subject to very strict regulation in many countries. These regulations have been studied in Volume II (Chapter VI, § 1, and Chapter XI, § 6). This state of affairs must be kept in mind if the purpose underlying provisions on the subject contained in a great many treaties is to be fully understood. A large fiumber of commercial treaties confine the advantages conceded to the contracting Parties in this respect to persons following commercial and industrial occupations. This is so in the case of the Commercial Agreements concluded between Austria and Finland on 8 August 1927, Estonia and Hungary on 19 October 1922, France and Spain on 7 .January 1862, the Residence Treaty between France and Switzerland dated 23 î'ebruary 1882, the Commercial Treaty concluded between France and Czechoslovakia on 17 August 1928, those between Germany and Belgium of 4 April 1925, and between Germany and Lithuania of 1 June 1923; that between Sweden and Czechoslovakia of 18 April 1925, the Residence Treaty concluded by Switzerland and Japan on 21 June 1911, etc. 1 Communication received from the Austrian Migration Office, Oct. 1926. 12 178 PROVISIONS RELATING TO FOREIGN WORKERS However, the rights eonceded by treaties often extend to all branches of economic activity. Thus, a very general formula is often inserted in residence treaties or in residence clauses of treaties of commerce, amity, etc., by which nationals of the contracting Parties are authorised to exercise freely any trade or profession. Its presence may be specially noted in the following treaties : Argentine Republic-Spain, Treaty of Peace and Amity, 21 September 1863 ; Denmark-France, additional Article of 9 February 1910 to the Commercial Convention of 9 February 1842; Denmark-Lithuania, Provisional Commercial Arrangement of 18 July 1923; Denmark-Russia, Preliminary Commercial Agreement of 23 April 1923 ; Denmark-Switzerland, Treaty of Amity, Commerce and Residence of 10 February 1875 ; Germany-Costa-Rica, Treaty of Amity, Commerce and Navigation of 18 May 1875; GermanySwitzerland, Residence Treaty of 31 October 1910; the Treaties of Commerce concluded by Mexico with the Dominican Republic on 29 March 1889, with Ecuador on 10 July 1888, with Japan on 80 October 1888, and with Italy on 16 April 1890 ; Spain-Switzerland, Residence Treaty of 14 November 1879, with the exception of scientific occupations for which a diploma is required; United States-Switzerland, Treaty of Amity and Residence of 25 November 1850, etc. But it should be noted that many of these treaties were concluded before the development of regulations relating to the employment of foreigners and the exercise of various occupations by them; and that, as a result, serious difficulties arise when attempts are made to enforce them as they stand. In treaties concluded more recently States are generally much more cautious in granting such rights. The system at present preferred is the insertion of a most-favoured-nation clause. This is the case, for instance, in the Residence Treaties concluded by Albania and Italy on 29 February 1924, by Belgium and France on 6 October 1927, by the Belgo-Luxemburg Economic Union and Estonia on 28 September 1928, the same Union and Latvia on 7 July 1925, by Finland and Greece on 18 December 1926, by France and Italy on 3 December 1927, by Latvia and Switzerland on 4 December 1924, etc. In cases where the formula granting liberty to exercise trades and professions is still employed (e.g. in the Residence Conventions concluded by Turkey with Austria on 28 January 1924, with Bulgaria on 18 October 1925, Poland on 23 July 1923, Switzerland on 7 August 1927 (Article 3)), or where reciprocity of treatment for nationals of the contracting Parties is recognised in principle (for instance, in the Commercial Treaty concluded between Finland and Turkey, on 2 June 1926 (Article 3), the Consular and Residence Convention between Raft/and the Serb-Croat-Slovene Kingdom of 21 August 1924 (Article 1); the Commercial Treaty between fhe Netherlands and Poland of 30 May 1924 (Article 9 i), the system laid down by the treaties really amounts to the most-favoured-nation system, for as in the other treaties mentioned, a stipulation is introduced to the effect that the right to follow a trade or profession can only be exercised within the limits prescribed by internal legislation, and that it is limited more especially 1 This Article does not apply to the citizens and territory of the Free City of Danzig, as does the remainder of the Treaty (Final Protocol, Article 5). ADMISSION TO TRADES AND PROFESSIONS 179 with regard to trades reserved to nationals by law or even (as in Turkey) by long-established custom. In granting the status of the most favoured nation, States generally take the precaution of specifying that the general provisions guaranteeing the right to exercise trades and professions shall in no way affçct the enforcement of national regulations respecting certain trades and professions which are applicable to all foreigners (Belgo-Ltucemburg Economic UnionPoland, 30 December 1922; Btãgaria-Poland, 29 April 1925; FinlandHungary, 29 May 1925 ; Finland-Poland, 10 November 1923 ; Hungary-Latvia, 19 November 1923 ; Poland-Switzerland, 26 June 1922), or (as in the Treaty of Commerce concluded between Germany and Italy on 31 October 1925) shall not prejudice the application of the regulations respecting the employment of foreign workers (final protocol, additional to Article 1). The Treaty of Commerce concluded between Austria and Prance on 16 May 1928 also includes a reservation respecting the advantages which may be granted to the nationals of certain foreign countries by special Conventions coneluded by one of the contracting Parties with a third State, with a view to regulating the employment of foreigners, including employees. Sometimes the reservations refer to trades and professions explicitly mentioned in the text of the treaty. For example, the Treaty of Commerce signed by Austria and Hungary on 8 February 1922 excludes the profession of chemist, commercial agents and itinerant trades. In other cases reservations of a different character are made. For example, the Treaty between Germany and the Soviet Union, signed on 12 October 1925, after making the right to exercise a profession or trade dependent on the general regulations subordinating this right to the fulfilment of certain professional or industrial conditions, or even withholding it totally from nationals or subjects of the most favoured nation (Article 2), goes on to maintain, for nationals of the other contracting Party, the special restrictions respecting the employment of foreigners in industries which are of essential importance for national defence, or which constitute a State monopoly; the same applies to local restrictions imposed in the interests of national defence, or the exercise of business in certain specified areas (additional to Article 2). On the other hand, however, the terms of certain treaties establish highly privileged treatment for nationals of the contracting Parties, and exempt them from the restrictive regulations imposed on the exercise of trades and professions. But it is rare that such privileges are granted indiscriminately, and in most cases they apply only to persons already established in the country, and not to intending settlers. As an example may be taken the Agreement concluded between Austria and Switzerland by the Protocol attached to the Treaty of 25 May 1925, whieh renews the Treaty of 7 December 1875 respeeting conditions of establishment. By this Protocol the Swiss Government declares that it raises no objection to Austria making the ehoice and exercise of a trade by a Swiss national dependent upon a formal authorisation by the political authorities, in the sense of section 8, paragraph 2, of the Austrian Decree on trades and professions. It is, however, understood that an authorisation already granted under the said Decree to take up or exercise a trade, shall be regarded as a duly established right. The Austrian Government declares, for its part, that it does not consider the measures in force in Switzerland respecting the .sojourn and the settlement of foreign nationals as contrary to the provisions of the Treaty. It is, however, understood that Austrian nationals 180 PROVISIONS RELATING TO FOREIGN WORKERS who have received permission to reside or settle in Switzerland shall, apart from the professions of chemist and itinerant trader, enjoy freedom of commerce and industry, in accordance with Article 31 of the Swiss Federal Constitution, except in so far as the regulations or conditions governing the authorisation granted them impose any limitations in this respect. Mention may also be made of the provisions of the “Agreement coneerning workers” concluded by Italy and the Serb-Croat-Slovene Kingdom on 20 July 1925 (cf. § 1), which suspends the application of the Serb-Croat-Slovene laws respecting the protection of national workers, in respect of Italians who settled in the Serb-Croat-Slovene Kingdom between 1 January 1920 and 1 January 1925. Again, as a result of negotiations between the two Governments, Czechoslovak subjects established in the Serb-Croat-Slovene Kingdom before 14 July 1922 were exempted by a Special Order from the restrictive provisions respecting the employment of foreigners Reference should also be made to the Arrangement arrived at concerning the legal status of Russian and Armenian refugees under the auspices of the High Commissariat for Refugees of the League of Nations on 30 June 1928; it is recommended in that Arrangement that restrictive regulations concerning foreign labour should not be rigorously applied to the refugees in their country of residence Some treaties deal with the exercise of particular trades. The exchange of notes between Denmark and France on 12 and 19 October 1925 respecting conditions of residence for Frenchmen in Greenland thus authorises the free exercise of hunting and fishing 'rights on the coast of Greenland The Convention concluded between Prance and Germany on 27 July 1922, respecting the crews of Rhenish boats ceded by Germany to France, allows German sailors to serve on board such vessels, and guarantees them labour contracts conforming to German legislation and the social insurance benefit granted by that legislation (insurance of employees and workers against sickness, accident and invalidity). Such sailors must be engaged through the intermediary of the German societies founded for that purpose. German nationals working on such boats may dwell either in France or in Germany, and transport their personal effects to their place of dwelling without paying importation or exportation duties. The contents of a large number of Conventions refer to the exercise of intellectual professions which require a university diploma. There are even a certain number of multilateral agreements on this subject. The Pact of the Central American Union of 17 February 1872 and the Convention signed on 4 February 1889,which covers a certain number of South American States, stipulate that all professional titles and diplomas issued by the competent authorities in any one of the signatory States shall be valid in all the other States for the exercise of the liberal professions for which they were granted in the eountry of issue. The holder is merely required to produce a duly authenticated document and prove his identity. The Second Pan-American Conference (December 1901-January 1902) drew up a further Convention respecting the exercise of the liberal professions. This Convention, signed on 27 January 1902, entitles nationals ^ Communication to the International Labour OfiQce, 25 Feb. 1926. 2 High Commission for Refugees : L.S.C. 11/1928 (1). ADMISSION TO TRADES AND PROFESSIONS 181 of the signatory States to use their titles and diplomas in the territories of the States adhering to the Convention respecting the exercise of trades and professions, provided that such titles and degrees are authentic, have been registered in the country of residence in accordance with certain formalities, and that the exercise of such trades and professions is not reserved exclusively for nationals. At the same time, all the signatory States may require the holders of the said titles and diplomas to pass an examination before allowing them to practise any branch of the medical profession, including that of chemists and druggists. A large number of bilateral treaties also relate to the exercise of the liberal professions and the validity of diplomas and certificates issued in the holder’s country of origin. Many of these treaties are old and have been cancelled by the Conventions mentioned above. Nevertheless, some of them continue to bind European and Asiatic countries to American States. Especially noteworthy in this connection is the series of such treaties concluded between Spain and the Spanish-American countries. The following examples may be quoted : Argentina-Bolwia, the Treaty of Amity, Commerce and Navigation of 9 July 1868 (Article 3); Bolivia-Colombia, Treaty of Amity, 19 March 1912 (Article 5); Bolivia-Ecuador, Treaty of Amity of 17 April 1911 (Article 3); Bolivia-Spain, Convention respecting the mutual recognition of university titles, of 4 September 1903 ; Chile-Eciuidor, Conventions respecting the mutual recognition of professional diplomas and titles, of 9 April 1897 and 17 December 1917 ; Costa Rica-Salvador, Treaty of Amity and Commerce of 8 November 1882 (Articles 10 and 11) ; Colombia-Spain, Conventions respecting the mutual recognition of university titles, of 23 January 1904 and 3 March 1925; Spain-Guatemala, id. of 21 September 1903; Spain-Honduras, id. of 5 May 1905; Spain-Mexico, id. of 28 May 1904; Spain-Nicaragua, id. of 4 October 1904; Spain-Peru, id. of 9 April 1904; Spain-Salvador, id. of 16 July 1904; Guatemala-Salvador, Treaty of Peace and Amity of 8 May 1876 (Article 6); Nicaragua-Salvador, Treaty of Amity and Commerce of 17 November 1883 ; Honduras-Mexico, Treaty of Amity and Commerce of 24 March 1908 (Article 10); Honduras-Salvador, Treaty of Peace and Amity of 31 March 1876 (Article 7); Ilaly-Siam, ISxchange of Notes for the recognition of Italian university titles in Siam, 9 May 1926; MexicoNicaragua, Treaty of Amity and Commerce of 6 November 1902 (Article 6) ; Mexico-Salvador, Treaty of Commerce and Navigation of 24 April 1893 (Article 10). Other treaties cover only some of the liberal professions. An Arrangement between Bolivia and Peru dated 18 September 1883 refers to the exercise of the professions of barrister and doctor. An Agreement between Great Britain and Italy dated 21 May 1925, respecting the exercise of the medical profession in the respective territories, and another dated 26 April 1917 between Japan and Mexico, authorise the nationals of each of the contracting Parties who are in possession of diplomas issued by the institutions of their country, to practice their profession on the territory of the other contracting Party. Certain agreements relate to the exercise of the medical profession in spas during the season. As an example may be quoted the Agreement 182 PEOVISIONS RELATING TO FOREIGN WORKERS concluded for this purpose between Czechoslovakia and Poland on 23 December 1922. Treaties have sometimes been concluded for the reciprocal admission of doctors, midwives and veterinary surgeons established near the frontier for work in the frontier zone, as for example, the Agreement signed on 7 February 1873 by Belgium and Germany. § 4.—^Apprenticeship Volume II of this study gives an analysis of several Acts respecting the preliminary training of immigrants, especially in the British Dominions of Australia and Canada, where juvenile immigration is encouraged. Agreements have been concluded between these two countries and Great Britain, which provide for the upkeep of training farms for young immigrants, where the newcomers receive practical tuition before being, placed on farms or being allowed to take up land on their own behalf (cf. Vol. II, pp. 181-184). A number of international agreements have also been concluded to provide vocational training for immigrants. These agreements aim not so much at helping immigrants to adapt themselves to the new conditions in which they live as at providing them with a temporary training period in a foreign country, which will enable them to acquire a knowledge of the language of the country and the technical methods in use. Austria-Denmark.—^An Exchange of Notes dated 19 December 1925, aims at providing facilities for the placing of student employees who have completed a course of agricultural science in well-equipped undertakings of the other State, for a period of six months or a year. The placing of students in Austria is carried out under the supervision of the Federal Ministry of Agriculture and Forestry, and in Denmark by the Dansk Landokonomis, Bejsbureau. The maximum number of student employees admitted annually into Denmark under this agreement is 30, while in Austria the number is not fixed. The students concerned receive free board and lodging but no remuneration. Czechoslovakia-Denmark.—An agreement to facilitate an exchange of agricultural students by the issue of a free visa, valid for six months and renewable for a similar period, was concluded by an Exchange of Notes on 2 June 1924. The departments responsible for the placing of students are the Dansk Landokonomist Bejsbureau in Denmark, and the Zemedelska Jevnota in Czechoslovakia. France-Great Britain.—An Agreement was concluded on 16 May 1928 between the French Ministry of Labour on the one hand, and the British Ministry of Labour and the Home Office on the other, with a view to facilitating the admission of student employees in both countries. By APPLICATION OF LABOUR LEGISLATION TO FOREIGN WORKERS 183 this arrangement it is agreed that a maximum number of 500 persons from each country will he admitted annually into the other country as student employees—^that is to say, young persons of either sex under 30 years of age and just beginning their career, who go to the other country for a limited period (generally one year, with possible extension for a further six months) in order to perfect themselves in the knowledge of the language, or of the commercial and professional customs of that country, while working in an industrial or commercial establishment. As these persons are admitted with a view to perfecting their technical knowledge, permits are granted to them irrespective of the state of the labour market in the trade or profession affected. At the same time, special six-monthly contingents have been fixed for certain trades, these contingents being of course included in the annual quota authorised under the Agreement. For example, the number of French subjects allowed to enter Great Britain to take up employment in hotels and restaurants is fixed at 100, while the corresponding British contingent for France is 50. In the hairdressing trade the numbers are twelve for the French in Great Britain and nine for the British in France, while 40 French bank clerks are allowed into Great Britain as against 50 British into France. As regards hospital assistants and nurses, the French contingent for Great Britain is 30 and the British contingent for France 50. In both countries, the competent authorities do their best, with the help of the trade unions or through other channels, to find work in the above-mentioned trades for student employees from the other country. The authorities are also required to see that all applications from student employees desirous of entering the country to take up employment, are answered within 14 days of reception. Student employees who find employment before leaving their native country must apply to the competent authorities of their country through the usual channels for permission to accept the work offered; the necessary permits are issued to them through the same channels. Student employees who have no definite engagement, receive a temporary landing permit for two months. When they find work which is sanctioned by the competent authorities, they are allowed to remain in the öountry for twelve months. France-Germany.—A similar agreement was concluded on 13 August 1928 between the French and German Ministries of Labour. The principles of the two agreements are the same, but the Franco-German Agreement differs in a number of points from that concluded with Great Britain. In the first place, no contingents are placed on eertain trades, and secondly, employers who accept student employees are required to pay such employees, when they become proficient, according to the rates laid down by collective agreements when such agreements exist, or at the usual rates obtaining in the trade and district concerned in the absence of collective agreements. In all cases employers must undertake to pay student employees in accordance with their worth. § 5.—The Application of Labour Legislation to Foreign Workers The position of the foreign worker in respect to labour legislation is very involved, and is determined at one and the same time by the national legislation of his country of residence, international customs and treaties, and even, to some extent, by his personal status. The combined influence of these factors and the manner in which they affect each other have in turn a tendency to 184 PROVISIONS RELATING TO FOREIGN WORKERS modify, for a given country, the scope of international agreements concluded on the subject. The national laws, which in this connection differ widely from country to country—as equality of treatment must necessarily depend more or less on the general principles laid down by the Constitution of the country considered—also show wide divergences in the various branches of social legislation. When it is a question of legislation for the general protection of the working class, such as laws and regulations respecting industrial hygiene, hours of work, weekly rest, etc., such laws and regulations apply to all undertakings in the country, and no distinction is made between national and foreign workers. Consequently, the benefits conferred by such measures extend to all persons resident in the country. With regard, however, to legislation respecting freedom of association and social insurance, foreign workers, while rarely being totally excluded, are usually subject to special regulations and obligations. Attention is drawn in Chapter XI (§ 8) of Volume II to a number of instances of such inequality of treatment. It will be seen from the present chapter how the conclusion of treaties tends to lessen the effect of restrictive measures embodied in national legislation. The legal recognition of equality of treatment does not, however, dispense with the necessity for international agreement. In the absence of an agreement which formally guarantees the regular observance of the legislative provisions, equality of treatment, although recognised in a general fashion by law, may be suspended as an act of reprisal. In many cases, moreover, full equality of treatment is guaranteed only to nationals of countries which have equivalent social legislation and which extend the benefits of the same to subjects of the country considered. Even in the absence of a formal treaty, this may well lead to negotiations between the States interested for the formal recognition of the uniformity of their respective laws on certain given points, and the adoption of the necessary measures for their extension to nationals of the other State. The legislative or administrative measures taken as a result of this recognition are the expression of the agreement arrived at, and are to some extent equivalent to a treaty. Moreover, absolute equality of treatment is not always the APPLICATION or LABOUB LEGISLATION TO FOREIGN WORKERS 185 most beneficial arrangement that can be made for foreign workers. To introduce for such persons a system of social protection and insurance which, while not being identical is yet equivalent and efficient necessitates a certain amount of adjustment. The primary aim of treaties is therefore to adapt general provisions to special circumstances. For example, whereas the payment of accident compensation to the dependants of a victim, on condition that the said dependants were domiciled at the place of the accident when it occurred rarely prevents the dependants of a national worker from receiving the compensation due; in the case of a foreign worker, whose family often lives abroad, such a condition is tantamount to stopping the payment of compensation. Similarly for branehes of insurance whieh only become effective after a long period, special regulations must be adopted by agreement to facilitate the transfer of the funds of the insurance institutions of one country to another country, or the international payment of compensation and pensions. Many other practical difficulties necessitate the conclusion of agreements between the competent authorities. It is thus seen that diplomatic action often completes the legislative measures adopted by countries to provide foreign workers with the same conditions as are granted to national workers under their social laws. In the majority of cases, however, it is the national legislation whieh serves as a basis for the provisions laid down in conventions. This method of procedure was advocated by a Recommendation adopted by thé First Session of the International Labour Conference (Washington, 1919) in the following terms : The General Conferenee recommends that each member of the International Labour Organisation shall, on condition of reciprocity and upon terms to be agreed between the countries concerned, admit the foreign workers (together with their families) employed within its territory, to the benefit of its laws and regulations for the protection of its own workers, as well as to the right of lawful organisation as enjoyed by its own workers. It will be seen, moreover, that several of the Draft Conventions adopted by the International Labour Conference in respect of social insurance (unemployment insurance, accident insurance, sickness insurance) are applicable to foreign workers as well as to national workers. In another Draft Convention particular reference is made to the application of equality of treatment to national and foreign workers in respect of accident compensation. 186 PROVISIONS RELATING TO FOREIGN WORKERS Again, the General Emigration and Immigration Conferences held in Rome in 1924 and Cuba in 1928 passed a number of resolutions respecting the right of foreign workers to benefit from the social legislation of the country in which they reside. Several of these resolutions demand equality of treatment as between foreign workers legally established in the territory of a country and the national workers in respect of conditions of labour and the application of labour legislation and social insurance. Others refer to the urgency of taking measures to ensure that workers who work successively in a number of countries shall benefit from social insurance provisions; still another demands that foreign workers legally admitted into colonies or possessions of a country, shall be covered by labour legislation and social insurance in the same way as national workers. In the following pages a description is given of the diplomatic action taken to promote the extension to foreign workers of the measures adopted in connection with labour, freedom of association and representation, and social insurance. (a) Labour Laws As has already been stated % labour laws generally apply to the whole population of a country. But although this fact partially dispenses with the necessity for special treaties, a certain number of agreements have nevertheless been concluded in various countries. In some cases these agreements are for the purpose of securing the introduction in each of the contracting States of general labour legislation which will apply indirectly to the nationals of other States who take up employment there ; in other cases their aim is to obtain recognition for and to define the right of nationals of each of the contracting States to the benefits accorded by the existing legislation of the other contracting Party; in still other cases the object of such agreements is to ensure special protective measures for immigrant workers. The essential aim of the first mentioned agreements is to introduce uniformity into the national legislation adopted by the contracting Parties for the protection of workers. Such is ^ See p. 184. LABOUR LAWS 187 the object of the Conventions adopted by the Beme Labour Conference, the Draft Conventions and Recommendations of the International Labour Conference and a number of more limited conventions and treaties such as the Central American Convention of 1923 or bilateral treaties to promote the development of labour legislation. One of the primary objects of conventions for the unification of labour legislation is admittedly to remove the obstacles put in the way of social progress by “the failure of any nation to adopt humane conditions of labour” as nations with backward social legislation may be very dangerous competitors to States which desire to improve the lot of their workers. But if the unification of labour legislation could be accomplished on a wide scale, the result would be that workers migrating from country to country would find in every State social safeguards similar to those obtaining in their native country, provided that the system of labour legislation set up in each country be not reserved solely for national workers. The Draft Conventions are drawn up for general application in each of the signatory States, and foreign workers are implicitly included within their scope. In certain of these Conventions it is explicitly laid down that the relevant measures shall be applied without distinction of nationality as, for example, in the Draft Convention of 1919 concerning the employment of women before and after childbirth. In addition to the Draft Conventions and Recommendations concerning certain aspects of labour legislation (hours of work, weekly rest, night work of women and children), special attention must here be called to the wide scope of the measures respecting the appointment in each country of factory inspectors to ensure the enforcement of the laws and regulations for the protection of the workers. An obligation of this character was undertaken by the States Members of the International Labour Organisation when subscribing to the Labour Charter, of which an Article (No. 427 of the Treaty of Versailles) obliges them to set up some such organisation. Again, a Recommendation adopted by the International Labour Conference in 1923 lays down the general principles foy the organisation of systems of inspection, while 1 Preamble to Part XIII of the Treaty of Versailles. 188 PROVISIONS RELATING TO FOREIGN WORKERS another Recommendation adopted in 1919 advocates the establishment of government health services. Although limited in its scope of application, the Central American Convention of 7 February 1923 covers all aspects of workers’ protection. Indeed this document is to all intents and purposes a code of labour and social welfare adopted in common by five Republics. It establishes the principles which in each of these States are to serve as a basis for the recognition of freedom of labour; the regulation of the age of admission to industry, night work of women and children, and Sunday or weekly rest; the establishment of foreign labour contracts; the institution of maternity, sickness, old age and survivors’ insurance; the definition of the employers’ responsibility in case of industrial accidents ; and the development of social welfare institutions of all kinds, such as co-operative societies, savings banks, societies for the construction of cheap dwellings, etc. Among bilateral treaties to promote the development of labour legislation as a method to procure efficient protection for the nationals of the contracting States, special mention must be made of the Treaty, characteristic of its kind, concluded between France and Italy on 15 April 1904. In virtue of this agreement, the Italian Government undertook to complete throughout the territory of the Kingdom and especially in industrial districts, the organisation of a factory inspectorate responsible to the Government and offering in connection with the enforcement of the law the same guarantees as those given by the factory inspectorate in France. It was stipulated that the factory inspectors would be required to insist particularly on the observance of the legislation regulating the work of women and children, especially the provisions respecting the prohibition of night work, the age of admission to industry, the hours of work and the obligation to grant a weekly rest period. The Treaty further stated that if it were proved that the legislation concerning the work of women and children had not been respected by the other Party as the result of inadequate supervision or of authorisations contrary to the law, or if, as a result of the introduction of new laws, the protection of the workers were in any way diminished, the contracting Parties would be entitled to denounce the Convention. The Governments undertook to publish a detailed annual report on the application of the laws and regulations concerning the work of women and children, and the Italian Government expressed its intention to investigate and to introduce gradually measures for the reduction of hours of work of women employed in industry (Articles 4 and 5). Furthermore, it was laid down in Article 3 that if steps were taken by one of the contracting Parties or by a third State with which they were in diplomatic relations to invite the various Governments to a conference for the purpose of introducing uniformity in certain legal provisions concerning the protection of workers, the agreement of one of the two Governments to take part in such a conference would bind the other Government to take similar measures. LABOUR LAWS 189 The second aim to be achieved, namely, the extension of labour legislation to nationals of a State who take up employment abroad has not given rise to special agreements, owing to the fact that such extension care in most cases be made without official intervention on account of the actual nature of such legislation. Nevertheless labour and recruiting treaties often contain clauses guaranteeing that the labour legislation of the immigration country shall be fully extended to workers belonging to the other contracting State. A clause of this kind is to be found in the following treaties, an analysts of which is given in § 1, ("6^ and (f),ot the present chapter : Austria-Poland, 25 September 1922, Article 20; Belgium-France, 24 December 1924, Article 3 ; Belgium-Luxemburg, 20 October 1926, Article 3 ; Brazil-Italy, 8 October 1921, Article 4; France-Italy, 30 September 1919, Article 3; France-Poland, 3 September 1919, Articles 3 and 5 ; France-Czechoslovakia, 20 March 1920, Articles 3 and 4; Germany-Poland, 24 November 1927, Article 7; GermanySerb-Croat-Slovene Kingdom, 22 February 1928, Article 15; GermanyCzechoslovakia, 11 May 1928, Article 15; Italy-Luscemburg, 11 November 1920, Article 4; State of Sao Paulo (Brazil)-Poland, 19 February 1927, Article 8. Provisions to grant to foreign workers the same protection as is afforded to nationals are sometimes inserted in general treaties, as for example Article 5 of the Treaty of Commerce signed between Austria and China on 19 October 1925, and Article 17 of the Treaty of Commerce concluded between Belgo-Luxemburg Economic Union and Czechoslovakia on 28 December 1925. Sometimes, instead of or in addition to the application of national legislation, the status of the most favoured nation is granted to the other contracting Party in all matters connected with labour conditions and the protection of the workers. A clause of this nature was inserted, for example, in the Agreement concluded between Brazil and Poland on 19 February 1927 (Article 8) and in the Franco-Polish Labour Treaty of 3 September 1919 (Article 4). * * * Finally, the Government of the country of immigration sometimes agrees to take special measures for the protection of workers from the other contracting State. For example, the Labour Treaty concluded between Brazil and Italy on 8 October 1921 guarantees in Article 4 that the Brazilian Government will take special measures to supervise the observance of contracts of employment. Measures respecting the supervision of the observance of emigrants’ contracts of employment have also been inserted by Italy in a number of treaties which do not deal with labour matters. 190 PROVISIONS RELATING TO FOREIGN WORKERS Thus the Treaty of Amity and Extradition concluded between Bolivia and Italy on 18 October 1890 stipulates in Article 5 that when the Bolivian Government recruits Italian emigrants for work in Bolivia, whether such workers are recruited in Italy or in another country, and whether on its own behalf or in consequence of the grant of a concession to a private person or society, the Bolivian authorities must see that the recruiting contract is equitable and that its clauses are scrupulously observed With this end in view, the Government promises to render every assistance to emigrants and to afford them legal protection against possible abuses and fraud. Stipulations of this nature are embodied in the treaties concluded by Italy with the following States : Residence Treaty with Albania dated 29 February 1924, Article 1 ; Treaties of Amity, Commerce and Navigation with Cuba, dated 29 December 1903, Article 25 ; with Mexico on 16 April 1890, Article 25, and with Paraguay on 22 August 1923, Article 4 ; as well as in Article 9 of the supplementary agreement, signed on 5 January 1889, to the Treaty of Commerce with the Dominican Republic of 18 October 1886. In order to guarantee such protection, the appointment of special officials is sometimes promised by the country of immigration. In the Emigration and Immigration Convention concluded on 20 March 1920, the French Government promised Czechoslovakia (Article 4) that it would add to its inspection services a number of officials with a knowledge of the Czechoslovak language. Similarly, various instruments signed as a result of XheFranco-Polish Labour Treaty provide for the institution in Prance of specially organised inspection services including official interpreters to supervise districts where large numbers of Polish workers are employed. Reference has already been made to this fact in § 1, 6. The Agreement concluded between China and Great Britain on 24 October 1860 stipulated that in the British colonies and protectorates which recruit Chinese workers in virtue of the Agreement, special officials would be appointed to ensure the protection of the workers. The most typical of the agreements for the organisation of special measures for the protection of immigrant workers is the Franco-Italian Treaty of 15 April 1904, to which reference has already been made. Article 3 of this agreement states that the French Government shall set up advisory committees, which will include as many Italians as possible among their members, in industrial regions where a large number of young Italians living apart from their families are employed, and that the Italian Government will take the same steps for the protection of French workers. The definite organisation of these advisory committees was authorised by the arrangement concluded on 15 June 1910 by France and Italy for the protection of young workers. The sub-prefect and the councillor of the prefecture, the mayor of the commune, the factory inspector and the consul are ex officio members of these committees, which are required to supervise the strict observance of the laws and regulations and to ensure that equitable and humane treatment is accorded to young workers living apart from their families, and that all measures relating to hygiene and morality which may affect them are observed. In this connection it may be recalíed that Article 20 of the Labour Treaty of 1919, which was analysed above (§ 1), provides for the institution of advisory committees for the protection of Italian workers of all ages, this measure extending the scope of the committees set up under the arrangement of 1910 1 In virtue of the conclusion of the Labour Treaty of 1919 the French Ministry of Labour has organised advisory cominittees for the protection of Italian workers in several departments where large numbers of Italians are employed. Such committees were appointed LABOUR LAWS 191 Furthermore, the arrangement of 1910 deals with the supervision, the age of admission to industry and conditions of work of young workers. Apart from the reservations made by this arrangement, the provisions of the French Act of 2 November 1892 remain applicable to young Italians working in France, especially as regards age limits and penal sanctions. In like manner the provisions of the Italian Act of 10 November 1907 still apply to young Frenchmen working in Italy. In order to obtain the work book required by the national laws of both countries, young Italians in France and young Frenchmen in Italy must provide the municipal authority with a certificate conforming to a special model delivered by the competent consul. At the same time this certificate is not required from Italians who are registered at birth by the French civil authorities, nor from Frenchmen who were similar^ registered in Italy. The mayor may not issue a work book except on receipt of the above-mentioned consular certificate, which must contain a photograph of the holder stamped by the consul or the signature of the holder given in the presence of the consul. This certificate must be visaed by the mayor, stamped with the seal of the commune, and attached to the work book of which it forms an integral part. As regards the grant of a permit to work in France to young Italian workers of between 12 and 13 years of age, the certificate required by the Italian Act of 15 July 1887 (No. 3961) may replace the certificate of elementary studies required by the French law of 28 March 1882, the same privilege being granted to young Frenchmen between 12 and 13 years of age working in Italy. The certificates mentioned above are not required for workers over 13 years of age. The transmission of certificates, correspondence and legalisation of documents by the consular authorities in virtue of the arrangement are gratis. .Similarly, consular certificates and other documents mentioned in the arrangement are exempt from all fees and duties in conformity with the legislation of the two countries concerning work books and the documents required to obtain same. During the whole period of employment of a young worker his work book remains in the possession of his employer, who must give it back to its owner when the latter leaves his service. The factory inspectors and police officers are required to examine all work books and consular certificates when they visit industrial establishments; they are further required to confiscate all such documents which have been illegally issued or are in the possession of a person other than the legal holder. Admission to unhealthy or dangerous industries is regulated by the law of the country. In the glass working industry, dangerous and unhealthy work forbidden for children in Italy is to be forbidden for children in France and vice versa. But on account of the divergences between the French Act of 2 November 1892 and the Italian Act of 10 November 1907 respecting the age to which legal protection extends. Decrees issued in each of the two countries in virtue of the national legislation in force must specify the ages between which such work is prohibited. Again, a certain number of treaties authorise the country of emigration to assume, within certain limits, the protection of its emigrants. Thus several labour and recruiting treaties authorise the nomination by the country of emigration of consular agents or ÍQ the Department of the Alpes-Maritimes by an Order dated 16 December 1922, in Savoie by an Order dated 12 March 1923 and in Haute-Savoie by an Order dated 15 October 1921. 192 PROVISIONS RELATING TO FOREIGN WORKERS even of special officials entrusted with the supervision of the observance of the stipulations of the convention and to take the necessary steps to safeguard the interests of emigrant workers. The powers and prerogatives of these agents are sometimes far-reaching and are clearly defined by the provisions of the treaty. Varying considerably from country to country, provisions are to be found respecting the nomination of officials entrusted with a mission of this nature in the following treaties, a summary of which is given in § 1 : Austria-Czechoslomkia, 24 June 1925, Articles 5 and 10 ; Brazil-Poland, 19 February 1927, Article 11; France-Italy, 30 September 1919, Article 3; France-Poland, protocols of 17 April 1924 and 3 February 1925; Germany-Serb-CroatSlovene Kingdom, 22 February 1928, Articles 18 and 19; Italy-Luxemburg, 11 November 1920, Article 14; Mozambique-Southern Rhodesia, 22 July 1925, Articles 3-11 and 15; Spain-Liberia, 22 May 1914; South AfricaMozambique, 11 September 1928, Articles 10 and 11. In many cases also an undertaking is given in labour and recruiting treaties to encourage the foundation and the working of immigrants’ mutual aid and co-operative societies and, in a general manner, the work of private institutions for the aid of immigrants. Stipulations of this character are to be found in the following treaties : Brazil-Italy, 8 October 1921, Article 5; Franee-Italy, 30 September 1919, Article 17; France-Poland, 14 October 1920, Article 11; State of Sao Paulo (Brazil)-Poland, 19 February 1927, Article 8. (h) Freedom of Association and Workers’ Representation It frequently happens that freedom of association and the right to representation in the various workers’ organisations and joint institutions (factory committees, district committees, arbitration courts, probiviral courts, etc.) is limited for foreign workers (cf. Vol. II, Chapter II, § 8) In addition to the general provisions respecting freedom of association which have already been mentioned (Chapter VI, § 3, “Constitutional Rights”), labour treaties sometimes contain clauses concerning the privileges enjoyed by immigrant workers in virtue of the agreement. 1 Further information concerning the right of foreigners to take part in trade union activities will he found in the study published by the International Labour Office : Freedom of Association (Studies and Reports, Series A. (Industrial Relations), Nos. 28-32), of which four volumes have been issued and one is in preparation. FREEDOM OF ASSOCIATION AND WORKERS’ REPRESENTATION 193 In some cases the treaties merely corroborate the privileges already granted by national legislation. For example, the various agreements concluded by Germany to regulate the seasonal immigration of agricultural workers, guarantee immigrant workers equality of treatment with the German workers in all matters relating to trade union activities and the regulation of conditions of labour, including conciliation and arbitration by the labour courts, subject to the provisions of German legislation applicable to all foreigners (Agreements concluded with Czechoslovakia on 11 May 1928, Article 15; with Poland on 24 November 1927, Article 5, and with the Serb-Croat-Slovene Kingdom on 22 February 1928, Article 15). Somewhat similar in effect is the measure embodied in Article 3 of the arrangement respecting residence and legal protection signed by Germany and the Soviet Union on 12 October 1925. According to this agreement the nationals of one of the contracting Parties have full and entire liberty on the territory of the other Party, to belong or not to belong to trade unions and similar industrial organisations, according to the conditions laid down in the rules and regulations of the said trade unions and organisations. Similarly, Article 12 of the Franco-Polish Convention respecting social welfare, which was concluded on 14 October 1920, stipulates that the nationals of each of the two countries shall be entitled to belong or not to belong to trade unions, industrial or corporative groups, in the same manner as nationals of the country, subject to the legal provisions concerning the administration of these trade unions or groups. In many cases, however, treaties greatly increase the rights of foreign workers in this connection. Some of the treaties lay down that a special agreement shall be made, which wUl guarantee the workers of one of the countries occupied in the other, equal treatment with national workers with regard to freedom of association and industrial organisation. An example of this is the Treaty of Commerce concluded between Italy and Czechoslovakia on 23 March 1921, Article 35. Complete equality in this respect is admitted by Article 7 of the ItaloLuxemburg Labour Treaty, signed on 11 November 1920. Several of the labour treaties or supplementary agreements already mentioned (ef. § 1) embody provisions which allow workers and employers of the two countries who are affected by collective labour disputes to belong to the coneiliation and arbitration Committees dealing with such disputes (Belgium-France, 24 December 1924, Article 6 ; Belgium-Luxemburg, 20 October 1926, Article 6; State of Sao Paulo (Brazil)-Poland, 19 February 1927, Article 8; France-Italy, 30 September 1919, Article 18; France-Poland, 14 October 1920, Article 12; Italy-Luxemburg, 11 November 1920, Article 5). Some of the said treaties include a clause to facilitate the work of representatives appointed by workers of the same nationality employed in the same mining undertaking, to submit collective demands (France-Italy, 30 September 1919, Article 8, § 2; France-Poland, 14 October 1920, Article 12, § 3). Participation in the mutual aid societies of the immigration country and even in their management, subject to the number of foreign administrators being one less than half the total number of administrative members, is admitted by the Franco-Italian Treaty dated 30 September 1919, Article 10, and the Franco-Polish Convention of 14 October 1920, Article 4. Mention has already been made under (a) (Labour Laws of 13 194 PROVISIONS RELATING TO FOREIGN WORKERS the provisions respecting the foundation and working of mutual associations of immigrants (credit associations, production societies, etc.). (c) Social Insurance in General A complete volume could be written on the measures taken in connection with the application to foreigners of social insurance legislation, and diplomatic action arising therefrom. The study made of this subject in the following pages is necessarily very brief and somewhat superficial. Nevertheless, it will enable the reader to form an idea of the variety of international solutions which have been found for the very important economic and social problem which is raised by the question of foreign workers’ participation in social insurance. All social insurance matters which do not refer to foreign workers who may really be considered as immigrants have been left out of this study. No mention is made of the agreements relating specially to international transport workers, and of those Conventions concluded during the post-war reconstruction period, and which, in virtue of the stipulations of the Peace Treaties (Article 312 of the Treaty of Versailles and corresponding Articles of other peace treaties), have regulated the transfer of reserves accumulated by the social insurance institutions of Austria, Bulgaria, Germany or Hungary, to the insurance institutions of the successor States. In this section is given an analysis of treaties which contain stipulations respecting the enjoyment of the benefits of social insurance in general by the nationals of the contracting States, as well as of treaties which include provisions referring to several branches of social insurance. Stipulations which allow in a general manner the enjoyment of social insurance benefits are in most cases merely temporary agreements, which must be completed by special agreements on each branch of insurance before they can be applied practically. An example of a multilateral agreement is the decision of the International Labour Conference already mentioned (cf. under (a), p.l86), which recommends the States, on condition of reciprocity, to admit foreign workers, together with their families. SOCIAL INSURANCE IN GENERAL 195 employed within their respective territories, to the benefit of their laws and regulations for the protection of their own workers (and this may be taken to include social insurance legislation). In addition, mention must be made of the Recommendation adopted at the Session of 1921, in favour of the extension to agricultural workers (foreign workers being implicitly included) of the systems of insurance against the various social risks. Bilateral treaties include a certain number of general treaties, treaties of commerce, amity, and residence, consular conventions, etc., containing a clause which guarantees in an indefinite fashion equality of treatment between citizens of the contracting State and nationals in respect of the application of social insurance, or in other cases stipulates that this question shall be regulated by subsequent arrangements. An example of this is the supplementary Treaty of Commerce concluded between Germany and Austria on 25 January 1905, where the promise received fulfilment (see further) in the Agreement of 8 January 1926. Of such a character also are the following treaties ; consular Convention between Albania and Italy of 29 February 1924; the Agreement respecting residence and legal protection concluded between Germany and the Soviet Union of 12 October 1925, addendum to Article 3 ; the Treaty of Commerce between Germany and Sweden of 14 May 1926, Article 3; the Economic Convention between Germany and Czechoslovakia of 29 Jime 1920, Article 20 ; the Treaty of Commerce between Austria-Hungary and Italy of 11 February 1906, final protocol; the Treaty of Commerce concluded between Austria and Czechoslovakia on 4 May 1921, Article 22, and between Austria and Poland on 25 .September 1922, Article 20; the Treaties of Commerce and Navigation concluded between Finland and Poland on 10 November 1923, Article 21, and between Finland and Czechoslovakia on 2 March 1927, Article 15 ; the Treaties of Commerce between Hungary and Czechoslovakia of 31 March 1927, Article 28 ; the Treaty of Commerce and Navigation concluded between Italy and Czechoslovakia on 23 March 1921, Article 35. AUSTRIA.—The Agreement concluded on 8 January 1926 between Austria and Germany is discussed tmder the heading “Germany”. For information respecting the recruiting treaty concluded with France, see “France”. In virtue of a model contract of employment drawn up in 1927 by common agreement between the Austrian and Czechoslovak authorities for the recruiting of Czechoslovak seasonal workers for agricultural work in Austria, the Austrian laws respecting sickness and accident insurance apply to such workers. The employer is required to have the workers engaged by him registered in the Austrian insurance scheme immediately after their arrival. Workers who are employed in districts which fall within the jurisdiction of the Labour Office of Bratislava or of Urzhorod are, however, subject to the accident insurance laws of those districts and employers are required to pay the relevant insurance contributions to the Bratislava Insurance Office through the usual official channels. BELGIUM.—The Labour Treaty concluded between France and Belgium on 24 December 1924 and the Treaty signed by Belgium and Luxemburg on 20 October 1926 embody general provisions respecting the application of social insurance to immigrant workers (cf. %l,(b),oî the present chapter). 196 PB.OVISIONS RELATING TO FOREIGN WORKERS CZECHOSLOVAKIA.—Cf. “Austria”, “Germany” and “France”. DENMARK.—A Treaty was coneluded on 13 October 1927 with Iceland concerning the compensation of industrial accidents and the application of invalidity insurance. In virtue of this Treaty the nationals of one of the contracting Parties who are victims of an industrial accident on the territory of the other Party, and their dependants, are entitled to the same treatment as nationals. Compensation is awarded and assessed in accordance with the regulations in force in the country concerned, and beneficiaries must conform to the insurance regulations of that country. The authorities of the two eountries are required to lend eaeh other every assistance to obtain the repayment of all sums expended for compensation. The agreement in question does not cover legal provisions adopted or which jnay be adopted in Denmark or Iceland respecting supplementary compensation payable to seamen in the case of accidents resulting from a state of war. As regards invalidity insurance, the Treaty authorises the transfer of insurance benefits from one State to another. The country of residence must arrange for the necessary medical inspection, but may claim the cost of medical visits made in this connection. FRANCE.—An appendix to the recruiting agreement concluded between France and Austria in 1926 contains a model contract of employment which entitles Austrian workers employed in France to the privileges granted by French legislation respecting industrial accidents and relief in cases of sickness or death. The Treaty signed with Belgium in 1924 embodies general provisions respecting equality of treatment in respect to the application of social insurance (cf. § 1, b). As regards Italy, the question of social insurance has been dealt with by several treaties. In 1904 an Agreement, which has already been mentioned in connection with Labour Laws (cf. subsection a), covered the more usual aspects of social welfare or insurance (savings banks, industrial accidents, pensions, unemployment, etc.). This Treaty led to a series of special arrangements which are analysed in the corresponding sections of the present chapter (as regards insurance, see 1906 Agreement respecting accident insurance, subsection d). To complete the initial programme of workers’ protection a general Labour Treaty was coneluded on 30 September 1919, which embodies numerous provisions respecting social insurance (recognition of the principle of equality of treatment in respect to social insurance, application of the system of workers’ and peasants’ pensions, grant of unemployment subsidies). Reference may also be made to the summary of the Treaty given in § 1, ("6y, of the present chapter. The Franeo-Italian Agreement, signed in Paris on 16 February 1920 and ratified three days later, states that “in virtue of the special legislation in the territories of Alsace and Lorraine, which have been returned to France, special arrangements shall be entered into between the two countries for the application of the Treaty of 30 September 1919, especially with reference to the institutions responsible for workmen’s compensation and sickness, invalidity and old age insurance. Further, it is to be understood that the benefits of the systems set up by the Germano-Italian Agreement of 31 July 1912-25 March 1913 shall be maintained for Italian workers and their dependants in respect of all claims arising between 11 November 1918 and the conclusion of the said special arrangement”. On 14 October 1920, France and Poland signed a Convention respecting social welfare and relief, which includes a number of provisions referring to social insurance. Provision was made for the conclusion of this Convention in the Migration Treaty of 3 September 1919. The provisions respecting social relief have already been examined in Chapter VI, § 5, and those regarding conditions of labour and residence in § 1, (b), of the present chapter. SOCIAL INSURANCE IN GENERAL 197 As regards insurance, Article 1 regulates the question of workers’ pensions in accordance with the principles recognised in the Franco-Italian Labour Treaty of 30 September 1919. The system of workers’ and peasants’ pensions (including special pensions for miners) in operation in each of the two countries shall be applicable to the nationals of the other country, without exclusion from or reduction of the rights accorded to nationals of the country, subject to the reservations made in the convention respecting the method of calculation and payment of benefits and grants ^ from State funds, which are calculated in accordance with the following rules : The periods of contributions and the periods assimilated thereto which are legally taken into account both in France and in Poland shall be added together to determine the right to benefit. Each of the States shall determine for purposes of calculation the amount of the benefit to which the insured person would be entitled according to its scale, under its own law and subject to the conditions prescribed by that law, for the whole period reckoned as laid down in the preceding paragraph. It shall then determine the part of this benefit chargeable to itself, by reducing the total amount in proportion to the period for which it is responsible. The benefit to the insured person shall be the total of the shares chargeable on each State. Notwithstanding, in cases where the total benefit thus calculated is less than the benefit which would be due from one of the two countries under its own laws on account of the periods of contribution or periods assimUated thereto which have been completed in its territory, the part of the benefit chargeablfe to this country shall be increased by the difference between these two amounts. The above rules shall apply to invalidity pensions. Grants in case of death shall be payable to the legal dependants of deceased insured persons, provided that the said descendants present their claim within one year reckoned from the date of the notification of the death to the consul of the country of origin of the person concerned. They shall be borne by the two countries concurrently in accordance with the principles laid down above respecting benefits. Special agreements shall define the conditions for the application of the principles respecting benefits and grants, the relations between French and Polish old age pension authorities, the information which they shall be required to furnish reciprocally in order to render possible the making up of accounts of insured persons of the other nationality, and the measures to be adopted in order to facilitate the payment by the insurance funds of one of the countries of pensions qualified for in the funds of the other country. Article 2 of the same Treaty states that equality of treatment has already been established in respect of compensation for industrial accidents by Article 3 of the Convention of 3 September 1919 respecting emigration and immigration. The same Article confirms these advantages and declares that a similar equality of treatment shall apply in the event of future legislation. The same principles of reciprocity shall be extended, under conditions to be determined by special arrangements, to all the laws dealing with social insurance against various risks such as sickness, invalidity, unemployment, which are at present in force or which may subsequently be introduced. As regards unemployment, it is stipulated in Article 5 that subsidies to funds for mutual assistance against unemployment and assistance from public unemployment funds and from public institutions for relief work shall be granted in each of the contracting States to nationals of the other State. A Convention concluded on 27 May 1926 between France and the Saar Territory Governing Commission concerns the social insurance of workers belonging to the territory of one Party who are engaged by emjdoyers of their * A benefit ia a payment made to the insured person himaeli; a grant, that allocated to his heirs and assigns. * 198 PROVISIONS RELATING TO FOREIGN WORKERS own nationality in the territory of the other Party. This Convention regulates the application of social insurance legislation respecting sickness, industrial accident, invalidity, old age and death. The general principle laid down for the application of the various branches of social insurance is as follows : , Saar workers and salaried employees occupied in France and French workers and employees occupied in the Saar Territory receive the benefits of the system laid down by the laws of the country in which they are employed without exclusion from or reduction of the rights or of those of the legal dependants to the contribution of compensation granted for industrial accidents and in case of death which are granted on condition that they or their dependants reside on the territory of one or other of the contracting Parties. Certain exceptions are, however, made in the application of this principle. As regards industrial accidents, the law in force at the place at which the undertaking has its business headquarters shall apply to compensation for accidents occurring in connection with work the nature of which justifies the presumption that such work is for a limited period and which is carried out by workers sent from the seat of a French undertaking to the Saar Territory and vice versa. The same exception applies to persons sent to transport undertakings who are employed at intervals, whether habitually or not, on the other side of the frontier. When the work referred to is carried out by a staff, part of which is engaged locally and part sent from the seat of the undertaking, measures of supervision and measures for the prevention of accidents shall, as regards the whole of this staff, be taken by the aufliorities who are competent in regard to workers engaged locally. As regards sickness insurance, when work is of limited duration, workers engaged locally shall be insured with the local funds, while staff from the country in which the undertaking has its seat shall continue to be insured with the appropriate fund, according to the law in force at the seat of the undertaking. The provisions quoted in connection with accident insurance apply to persons employed in transport undertakings. As regards the three branches of insurance, workers from one country occupied habitually in an undertaking of the same nationality on the territory of the other Party have the right to choose between the system of social insurance of the country in which they work and that of the country of origin. The freedom of choice must be mentioned in the contract of service. The person concerned must declare in writing within three months after his engagement that he chooses the system of the country of origin, otherwise the local legislation shall apply to him. When the worker opts for the system of the country of origin, all claims made by him and all claims made on his behalf are regulated in accordance with the legislation in force at the business headquarters of the undertaking. The choice of the system of the country of origin gives rise to certain difficulties of application which are settled by the agreement; for example, in connection with insurance against old age, invalidity and death, where the workers’ and employers’ contributions collected at the place of work must be transferred to the social insurance institutions of the other country. When the sums paid in as provided for in the local system are less than those payable in the coimtry of origin of the workers and employers concerned, the latter shall forward to the insurance institution to which they are contributors in the country of origin, the additional employees’ and employers’ contributions required to complete the said sum. If, on the other hand, they are larger, the whole amount shall be transferred to the insurance institutions who take the supplementary payments into account. The best practical method of transferring payments and of paying arrears of pensions shall be laid down in a subsequent agreement. The Convention stipulates that the authorities of the two countries shall assist each other with a view to facilitating the reciprocal execution of the provisions of the Convention. Any modifications which may subsequently SOCIAL INSURANCE IN GENERAL 199 be made in either country in regard to the amount of the benefits given shall be extended as a right to the nationals of the other country. The extension of the insurance system to new categories of persons and modifications in the conditions for participation in the benefits at present in force shall be dealt with in special agreements between the two Governments. GERMANY.—An Agreement signed on 8 January 1926 between Germany and Austria respecting the application of the social insurance laws stipulates that the rights acquired by the nationals of one of the two contracting States shall be valid in the other State. The Agreement defines the procedure to be followed in connection with the following branches of insurance; workers’ and employees’ sickness insurance, workers’ and employees’ accident insurance, miners’ pension insurance in Germany and miners’ sickness funds in Austria and employees’ sickness insurance in both countries. It is definitely stated that the Agreement shall not apply either to the crews and other persons regularly employed on board vessels navigating on the Danube or to the crews of aeroplanes. A concluding protocol declares that a special agreement shall be concluded for the mutual application of workers’ invalidity insurance as soon as the Austrian Invalidity and Old Age Insurance Act comes into operation. As a general rule the conditions in which the above-mentioned branches of insurance are applied are determined by the legal provisions in force in the place where the work is performed. There is, however, a number of exceptions to this rule, viz. : (a) Workers and employees sent to one of the contracting States to carry out work of at least one year’s duration which is undertaken by an establishment having its business headquarters in the territory of the other State are insured under the legislation of the country in which the establishment in question is situated; (b) Public servants employed permanently on the territory of the other State or at frontier stations are insured under the legislation of the country in whose services they are employed; (c) Railway servants are insured under the legislation of the country in which their companies’ offices are situated ; The Agreement carefully fixes the details of the procedure to be followed for the application of each of the various forms of insurance. It is stated, for example, that the rights of the beneficiary may not be suspended on account of residence in the territory of the other State; the competent authorities must agree as to the methods to be employed for the payment of the social insurance benefits granted by one State in the territory of the other. Another clause declares that the Austrian pensions insurance institutions shall not be entitled to use their rights to commute the payment of insurance benefits for persons established on the territory of a third State except with the consent of such persons. A Convention signed by Germany and France on 27 July 1922 regulates the manner in which social welfare measures are to be applied to the crews of Rhine vessels ceded by Germany to France. According to the provisions of this Convention France allows German nationals to serve on board such vessels and guarantees them contracts of employment in conformity with the provisions of German legislation and the social insurance benefits provided for by such legislation (employees’ and workers’ insurance against sickness, accidents, invalidity and old age). German nationals employed on such vessels may reside either in France or in Germany. Germany and Italy concluded a Convention respecting workers’ insurance on 31 July 1912. This Convention is drawn up in virtue of Article 2a of the supplementary Treaty of 3 December 1904 which in turn resulted from the Treaties of Commerce, Customs and Navigation concluded on 6 December 1891 between Germany and Italy. The said supplementary Treaty definitely stipulated that a Convention on workers’ insurance should be subsequently concluded. The respective schemes adopted in Germany 200 PROVISIONS RELATING TO FOREIGN WORKERS and Italy in connection with the insurance of industrial and maritime accidents are considered to be equivalent and equality of treatment as between the nationals of both countries and their survivors is guaranteed in respect of such insurance. Notwithstanding this agreement in no way prevents the commutation of pension rights as authorised by German law; commutation payments are assessed in accordance with the general rules laid down by the German Federal Council on 21 December 1912. The Convention states that any Italian registered with the Cassa Nazionala di Previdenza per la invalidita e per la Vecchiaia degli operai or the Cassa Invalidi della Marina Mercantile may demand the transfer to the Cassa Nazionala di Previdenza of all the compulsory contributions which he has paid while working in Germany to the German social insurance institutions ; that is to say, one half of the amount paid on his behalf to such institutions. As a result of such transfer, however, the person concerned and his legal dependants lose their right to claim the benefits granted under the German invalidity and survivors’ insurance scheme. In such cases the German institutions are also entitled to retain the amount of the contributions paid by the employers on behalf of the person transferring his account without having to pay benefit in cases of invalidity or death. A number of concessions were also granted by Italy. For example, German workers employed in Italy may become members of the Cassa Nazionale which had hitherto been open only to Italians; again, Germans who form part of the crew of an Italian vessel are entitled to the benefits granted by the Cassa Invalidi della Marina Mercantile which formerly were reserved almost exclusively for Italians. Under the Germano-Italian Convention nationals of both countries are also guaranteed the assistance and legal aid of the authorities, reciprocal exemptions from stamp duties and other fiscal dues and the help of the consular authorities in all matters connected with the registration of documents, enquiries and payments. Finally, the contracting Parties reservé the right to conclude further agreements with a view to granting the nationals of both countries equality of treatment in respect of invalidity, old age and survivors’ insurance and in respect to accident insurance in agriculture when such insurance is introduced in Italy on an equivalent basis to that of the corresponding insurance scheme in Germany. The Treaty of Commerce concluded between Germany and Lithuania on 1 June 1923, which contains a number of provisions respecting the recruiting of Lithuanian workers for work in German agriculture, also embodies clauses governing the application of social insurance to such workers (cf. § 1, (b)). Similar provisions are made by the Migration Agreement signed by Germany and Poland on 24 November 1927 (cf. § 1 of the present chapter). The regulations for the settlement of social insurance questions embodied in this Treaty, which applies solely to seasonal agricultural workers, are however merely provisional. A final protocol stipulates that decisions taken in connection with seasonal workers shall in no way commit either of the two Parties during future negotiations for the conclusion of a special agreement concerning reciprocity of treatment in social insurance matters. Two Agreements concluded between Germany and Czechoslovakia on 15 December 1924 regulate the conditions of employment and service and the social insurance of the crews of Czechoslovak vessels plying on the Elbe and the Oder. Persons who are resident in Germany and are employed on such vessels are subject to German legislation and to German social insurance even during the period when the vessels are plying in Czechoslovakia. Persons who are resident in Czechoslovakia are subject to Czechoslovak labour legislation and Czechoslovak social insurance. Nevertheless, until the Czechoslovak Republic has introduced a system of invalidity and old age insurance for workers, the persons specified above who are resident in Czechoslovakia shall be entitled to continue to insure themselves voluntarily under German legislation. SOCIAL INSURANCE IN GENERAL 201 ITALY.—Reference has already been made to the various treaties eoncluded by Italy with Germany and France respecting questions of soeial insurance (cf. “Germany” and “France”). The Italo-Luæemburg Labour Treaty signed on 11 November 1920 regulates questions of accident insurance, invalidity and old age insurance and unemployment relief (cf. § 1, ft) and stipulates in Articles 9-11 that equality of treatment as between the citizens of the two countries shall be extended, in accordance with conditions which will be established by special agreements, to all the laws of social insurance against the various risks which will eventually be admitted. In the final protocol of the Convention and the Residence and Con.sular Convention signed on 21 August 1924, Italy and the Kingdom of the Serbs, Croats and Slovenes reserved the right to regulate by a special agreement the question of the protection of the workers. As a result of this provision an agreement concerning reciprocity in social insurance matters was included in the complex system of agreements signed at Nettuno on 20 July 1925. According to its preamble this agreement was concluded “in conformity with resolutions adopted by the International Conference on Emigration and Immigration” (Rome, 1924). Each of the contracting States undertakes to apply equality of treatment to the nationals of the other State in respect to the rights and duties resulting from the social insurance laws in connection with sickness and maternity, accidents (with the exception of accidents to those agricultural workers who are not assimilated to industrial workers), invalidity, old age and death. Equality of treatment shall be applied in accordance with the provisions laid down in the agreement (Article 1). In each State amendments introduced in the insuranee laws shall have full force of law for the nationals of the other State ; special arrangements shall extend equality of treatment to other branches of social insurance, for which the laws of both States subsequently reach the same level of development. Equality of treatment shall also apply to voluntary insurance (Article 2). As regards sickness insurance (Articles 3-5), the agreement stipulates, in connection with the payment of benefits, that insurance with insurance carriers of one of the States shall be considered as a continuance of insurance with the institution of the other State, provided that the period between the termination of the first insurance and the beginning of the second does not exceed three months. Workers in the frontier zone may belong to the insurance institution of one of the two States, while retaining their domicile in the territory of the other. Doctors, midwives and officials of the insurance carriers of one State shall therefore be entitled to perform their duties on the territory of the other. A national of one of the contracting States who falls sick shall be entitled to return to his native country, and receive there the treatment and other benefits to which he has a right, under the supervision of the insurance institutions of the said country, which, in such cases, shall act on behalf of the insurance carrier. The same provisions apply to accident insurance (Articles 6-8) when the victim of an accident is not domiciled in the country of the insurance carrier. The initial medical formalities must however be carried out by the insurance carrier, even when the person is resident in the territory of the other State. Subsequent medical formalities may be fulfilled by the insurance institution of the other State. When the accident gives rise to legal or administrative enquiries, the appropriate consular authority of the State to which the victim belongs must be informed. In cases of death or total disablement, or disablement for a period of at least ten weeks, the said consular authority shall be entitled to examine and demand a copy of the relevant document in the same manner as the legal dependants of the victim. In connection with Insurance against invalidity, old age and death (Articles 9-25), the agreement authorises cumulative pensions for persons who 202 PROVISIONS RELATING TO FOREIGN WORKERS have been insured for at least 15 years with the insurance institutions of each of the States ; persons who have been insured for at least 30 years with the institutions of one of the States shall be entitled to a pension assessed by the appropriate legislation, and, in addition, to a fraction of the pension in proportion to the time during which they were insured by the institutions of the other State. In calculating the pensions for persons who have been insured for a shorter period, the total duration of the periods of insurance is taken into account, the parts of the pension corresponding to such periods being chargeable to the institutions concerned in each of the countries. The agreement establishes the methods for calculating pensions acquired in the currency of the country in which the debtor institution is situated, but the institutions of the two States must arrange for the payment of the various fractions to be made solely by the institutions of the State in which the person concerned is domiciled. The provisions respecting medical formalities in connection with accident insurance also apply to invalidity and old age insurance. The agreement also settles several difficulties connected with divergences in the invalidity and old age insurance systems of the two countries. It excludes, for example, from the principle of equality of treatment, the supplementary invalidity and old age pensions payable by the State until such time as the Serb-Croat-Slovene Kingdom has adopted this system of supplementary payments for its nationals, and an agreement has been concluded on the subject. The agreement empowers the institutions in both countries to enter into direct correspondence and to take the necessary measures to facilitate the administration of all branches of insurance, and more especially the payment of subsidies, allowances and pensions, measures of supervision, assistance of the victims of accidents and the disabled, and their reception in sanatoria, hospitals, establishments for vocational re-education, etc., and for the application of therapeutic treatment and the supply of orthopaedic apparatus (Articles 26-27). The agreement admits the rights of nationals of each of the States insured with the institutions of the other State, who return to their native country, to request the transfer of a capital sum covering their insurance to the institutions of their country. The transfer of funds from one institution to another may be similarly requested by the nationals of one of the States who have been domiciled for at least three consecutive years on the territory of the other contracting State (Articles 32-33). It is explicitly laid down that the insurance institution shall not be entitled to pay to the insured nationals of the other State a lump sum in lieu of pensions, allowances, etc., even when the insured person agrees to accept such sum, or to suspend the payment of the said benefits, on the ground that the insured persons or their legal dependants reside in, or transfer their residence to, the territory of the other State (Article 34). The agreement also exempts certain classes of persons from compulsory insurance (Article 35). It prohibits the nationals of one of the States to take part in the management of the insurance organisations of the other State (Article 36). It further specifies that the exemptions and facilities granted in connection with the payment of taxes established in each of the States shall be extended to the insured persons and insurance institutions of the other State (Article 37). Administrative agreements shall be made between the competent Ministries to facilitate the practical execution of the provisions laid down in the agreement. The denunciation of the agreement shall not affect rights acquired during the validity of the agreement (Article 40). Lastly, provision is made for the appointment of an arbitration board to settle differences of interpretation of the text of the agreement (Article 41). LUXEMBURG.—The Labour Treaties concluded with Belgium (20 October 1926) and with Italy (11 November 1920) embody provisions respecting social insurance (cf. § 1, (b), of the present chapter). ACCIDENT INSURANCE 203 THE NETHERLANDS.—The Treaty of Commerce concluded mth Poland on 13 May 1924 requires (Article 9) the contracting Parties to treat workers belonging to the other State on a footing of complete equality with national workers in respect to social insurance i. POLAND.—In § 1, and (f),of the present chapter will be found the provisions respecting social insurance embodied in Articles 11-22 of the Germano-Polish Agreement of 24 November 1927 respecting seasonal agricultural immigration, and in the Immigration Agreement of 19 February 1927 between Brazil (State of Sao Paulo) and Poland (Article 8). Cf. also present section : ‘'Germany” and “Netherlands”. SAAR TERRITORY.—Cf. “France”. SERB-CROAT-SLOVENE KINGDOM.—Cf. “Italy”. ('dj Accident Insurance The legal methods adopted for the eompensation of industrial accidents differ widely from country to country, and these differences lead to diplomatic intervention. In some countries the legislation deals solely with the employer’s responsibility in cases of accidents and the compensation which has subsequently to be paid. In others, the laws set up systems of guarantees to cover the payment of compensation due to workers affected by accidents, either by the organisation of public insurance funds or by making it compulsory for the workers to insure with institutions which are under State supervision. Conventions and Treaties have thus to ensure the application of the various systems to the nationals of the contracting Parties. Treaties concluded with countries having legislation of the first-mentioned type aim mainly at helping the foreign worker to obtain recognition of his rights vis-à-vis his employer. Of such a character are the treaties concluded with the United States of America. Treaties concluded between countries which have adopted compulsory insurance are intended in some cases to confer the full benefits of this legislation on the nationals of both of the contracting Parties, and in other cases to mark the common desire of the Parties to leave the foreign worker subject to the law of his native country and insured with the institutions of that country. This latter arrangement is adopted especially in connection with seasonal migration and in eases where workers 1 A final protocol to the Agreement stipulated that the provisions of Article 9 are not to apply either to citizens or the territory of the Free City of Danzig. 204 PHOVISIONS HELATING TO FOREIGN WORKERS are sent by an undertaking established on the territory of one of the Parties, to work temporarily in the territory of the other Party. As regards the foreign worker’s right to benefit by the legislation of the country in which he resides, it should be observed that it is frequently left to treaties to rectify lacunae in the law. Although national legislation respecting the compensation of industrial accidents never totally excludes foreigners, there are many cases where it only provides the foreigner with reduced compensation even when residence in the country is continued after the accident. In other cases the payment of compensation is suspended if the victim happens to be domiciled abroad (frontier zone workers), or if he subsequently leaves the country, while in still other instances the law requires foreign workers to commute their pension for a single capital payment inferior to the capitalised value of the pension commuted. Similar suspensions and reductions also affect the legal dependants of foreign workers. Treaties aim at remedying such defects in national legislation by putting the foreign worker who suffers personal injury from an industrial accident, and his dependants, on an equal footing with national workers, and by providing for such measures as may be required by the special situation of the foreigner. These measures apply mainly to the methods of paying compensation in another country and to the facilities to be granted to the victim of an accident and his dependants residing outside the country to protect their interests in cases of dispute. * * * Before reviewing the numerous bilateral agreements already concluded in connection with accident compensation, it is well to recall that the International Labour Conference has adopted several Draft Conventions and Recommendations concerning this subject. Some of these refer to the victims of industrial accidents, foreign workers being generally included although not specifically mentioned. In 1921 the Conference adopted a Draft Convention concerning workmen’s compensation in agriculture; the Session of 1925 adopted a Draft Convention concern- ACCIDENT INSURANCE 205 ing the right of victims of industrial accidents in general (foreign workers included) to compensation, two Recommendations concerning the minimum scale of compensation and the courts competent to deal with disputes arising in connection with such compensation, and a Draft Convention and Recommendation (both applicable to foreign workers) concerning the compensation of occupational diseases in accordance with the principles laid down for accident compensation. The same Session of the Conference also adopted a Draft Convention and a Recommendation concerning equality of treatment for national and foreign workers as regards workmen’s compensation for accidents. The following are the main passages of this Convention which refer more particularly to foreign workers : Each Member of the International Labour Organisation which ratifies this Convention undertakes to grant to the nationals of any other Member whieh shall have ratified the Convention, who suffer personal injury due to industrial aecidents happening in its territory, or to their dependants, the same treatment in respect of workmen’s compensation as it grants to its own nationals. This equality of treatment shall be guaranteed to foreign workers and their dependants without any condition as to residence. With regard to the payments which a Member or its nationals would have to make outside that Member’s territory in the application of this principle, the measures to be adopted shall be regulated,if necessary,by special arrangements between the Members concerned (Article 1). Special agreements may be made between the Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member (Article 2). The Members which ratify this Convention and which do not already possess a system, whether by insurance or otherwise, of workmen’s compensation for industrial accidents, agree to institute such a system within a period of three years from the date of their ratification (Article 3). The Members which ratify this Convention further undertake to afford each other mutual assistance with a view to facilitating the application of the Convention and execution of their special laws and regulations on workmen’s compensation and to inform the International Labour Office, which shall inform the other Members concerned, of any modifications in the laws and regulations in force on workmen’s compensation (Article 4). A Recommendation to the Governments voted at the same time refers to certain measures of application of the Convention ; In order to facilitate the application of the Convention concerning equality of treatment for national and foreign workers as regards workmen’s compensation for accidents the Conference recommends that '• (u) when a person to whom compensation is due under the laws and regulations of one Member resides in the territory of another Member, the necessary measures be 206 PROVISIONS RELATING TO FOREIGN WORKERS taken to facilitate the payment of such compensation and to ensure the observance of the conditions governing such pajrment laid down by the said laws and regulations; (h) \n case of a dispute concerning the non-payment, cessation of payment, or reduction of the compensation due to a person residing elsewhere than in the territory of the Member where his claim to compensation originated, facilities be afforded for taking proceedings in the competent courts of law in such territory without requiring the attendance of the person concerned; (c) any advantage in respect of exemption from duties and taxes, from issue of official documents or other privileges granted by the law of any Member for purposes connected with workmen’s compensation, be extended under the same conditions to the nationals of the other Members which shall have ratified the above-mentioned Convention. In addition the Conference recommends that, where in any country there exists no system, whether by insurance or otherwise, of workmen’s compensation for industrial accidents, the Government shall, pending the institution of such a system, afford facilities to alien workers enabling them to benefit by the laws and regulations on workmen’s compensation in their own eountries. It should be pointed out that the national laws may embody provisions whieh take the place of international agreements and render such agreements unnecessary. Thus it is laid down in a certain number of laws that the restrictions concerning the application of the social insurance provisions to foreign workers may be suspended by order of the competent authorities in respect to nationals of countries which grant the same privileges to workers of the country concerned who are employed in their respective territories. In Sweden, for example, several Orders issued in connection with the Accident Insurance Act of 17 June 1916 (No. 235) suspended the restrictions concerning foreign workers belonging to the following countries : Great Britain, Ireland and Italy, by an Order issued on 4 November 1921 ; the Netherlands, by an Order issued on 27 September 1922; South Africa, by an Order issued on 17 December 1926; Serb-Croat-Slovene Kingdom, by an Order of 6 May 1927 ; British India, by an Order of 27 January 1928; Poland, by an Order of 9 March 1928 ; Latvia, by an Order of 14 June 1928. Austria, Belgium, Germany, etc., have often adopted the same procedure. ARGENTINA.—On 22 March 1926 the Argentine Republic concluded with Austria a Treaty concerning reciprocity of treatment in respect of compensation for industrial accidents. According to this Treaty the contracting Parties agree to grant to the nationals of the other country the same treatment in respect of workmen’s compensation as is granted to their own nationals, even in the case where the victim or his legal dependants reside in the territory of the other contracting State. The right to compensation is granted in accordance with the legislation of the country in the territory of which the accident took place. In cases of fatal industrial accidents the authorities of the coimtry of residence must notify the consul of the other country in order that the legal dependants of the victim may be informed of the death by the consul. The Convention signed between the Argentine Republic and Belgium on 24 December 1924 also aims at securing for the nationals of each of the contracting Parties the enjoyment of compensation and guarantees granted ACCIDENT INSURANCE 207 by the other eontraeting Party to its nationals under the legislation in force respecting compensation for industrial accidents. The above-mentioned agreement for reciprocity of treatment applies even if the victim of the accident or his survivors leave the territory of Belgium or of the Argentine Republic, as the case may be, subsequently to the accident; it also applies even if the survivors live in a country other than that in which the accident occurred. The Belgian and Argentine authorities shall give one another mutual assistance with a view to facilitating in both countries the administration of industrial accident legislation. According to the Convention concluded between the Argentine Republic and Spain on 27 November 1919, which was the first Convention concluded by the Argentine RepubUe in respect of accidents, the nationals of either of the contracting States who meet with industrial accidents in the territory of the other State, and their dependants, shall be entitled to the compensation and other guarantees granted by the law of the land to its own nationals. Notwithstanding any provisions of the law of the land, the right to the compensation referred to above shall continue to exist even if the insured worker so employed or his dependants leave the territory of the State where the accident took place and reside in another country. If a Spanish worker in the Argentine Republic or an Argentine worker in Spain dies in consequence of an industrial accident, the dependants of the victim shall be entitled to receive the appropriate legal compensation, irrespective of the country in which they are resident. It is further stipulated that the National Superannuation Fund ( Caja Nacional de Jubilaciones y Pensiones) or the office which discharges its functions in respect of the payment of compensation for industrial accidents in the Argentine Republic, and the corresponding office in Spain, shall give notice to the consuls of the High Contracting Parties in each case, in order that the news of the death may be communicated to the dependants for legal purposes. Shortly after the signature of this Convention a similar agreement was entered into between the Argentine Republic and Italy. The terms of the Italo-Argentine Convention, which was signed on 26 March 1920, are identical with those of the Hispano-Argentine Agreement. The Conventions concluded with Denmark and Iceland on 16 November 1927, with the Serb-Croat-Slovene Kingdom on 8 October 1928 and with Sweden on 14 May 1928 are of the same type as the Convention entered into with Relgium in 1924, an analysis of which has already been given. AUSTRIA.—The Convention concluded between Austria and the Argentine Republic, signed on 22 March 1926, is analysed under “Argentina”. The Agreement concerning the recruiting of agricultural workers concluded on 24 June 1925 with Czechoslovakia and the subsequent administrative agreement of 1927 also regulate the compensation of accidents. An analysis of these agreements is to be found in the present chapter (§ (b))). BELGIUM.—From 1905 onward Belgium concluded a series of agreements based on the Franco-Italian Treaty of 1904 (cf. “France”). The first of these was the Agreement of 15 April 1905 with the Grand Duchy of Luxemburg which states that Belgian workers who are victims of industrial accidents in the Grand Duchy of Luxemburg and their dependants shall be accorded the same compensation and guarantees as nationals of Luxemburg, and vice versa. This rule shall not apply to workers employed temporarily, that is to say, for a period of less than six months, and who remain attached to an undertaking situated in the territory of the other State ; in such instances the legislation of the latter State is applicable. The provisions of section 48, No. 2, and section 49, paragraph 4, of the Luxemburg Act of 5 April 1902 are suspended in respect of dependants of Belgian nationality. A Supplementary Convention concluded at Brussels on 22 May 208 PROVISIONS RELATING TO FOREIGN WORKERS 1906 adds that the provisions of the Agreement shall not apply to persons engaged in transport undertakings and occupied intermittently, but habitually, in countries other than that in which the head offices of the undertaking are situated. The Agreement signed by Belgium, and France on 21 February 1906 is a standard treaty. It is reproduced textually in the Agreement concluded between France and Luxemburg on 27 June 1906 (see below). Article 1 lays down the principle of complete equality of treatment of the nationals of both contracting States. Consequently foreign workers meeting with industrial accidents have full and entire right to the compensation and guarantees granted by the laws of the other State. This equality of treatment, which extends to all the benefits ensured under accident legislation includes free legal help and total exemption from all fiscal duties mentioned in such laws To prevent any overlapping of the laws of the respective countries. Article 1 lays down the principle of the application of the laws applying to the place where an accident occurs to which, however. Article 2 provides two exceptions respecting workers who are employed temporarily outside their own country and the travelling staff of transport undertakings. Article 3 guarantees reciprocal exemption from fiscal duties and Article 4 requires the respective authorities to lend each other every assistance to facilitate the administration of the laws of their respective countries. As a result of the development of the respective national laws, Belgium and France signed, on 21 May 1927, an additional Convention with a view to extending to agriculture the right of equality of treatment in respect of compensation for accidents. In accordance with Article 2, Belgian subjects or their dependants who are victims in France of accidents coming under the scope of the Act of 15 December 1922 which extends accident legislation to agricultural undertakings shall be granted the compensation and guarantees accorded to French citizens by the said law, and the measures of exelusion provided for in Article 10 of that law shall not be applied to them. Reciprocally, French citizens who are victims of an industrial accident in Belgium shall continue to be entitled to the compensation and guarantees granted to Belgians by the legislation respecting compensation for accidents. The necessary measures for the application of the Convention shall be determined by administrative arrangements. It is furthermore stipulated that the additional Convention shall have the same validity and duration as the Convention of 1906; Articles 2, 3 and 4 of the Convention of 1906 (see above) shall also be applicable to it. The Belga-German Convention respecting accident insurance concluded at Berlin on 6 July 1912 is analysed under “Germany”. According to the Convention respecting insurance against industrial accidents concluded at The Hague between Belgium and the Netherlands on 9 February 1921, undertakings which, in virtue of the laws of the two contracting Parties, are subject to legislation respecting compulsory compensation for injuries consequent upon industrial accidents, and which have their head office in the territory of one Party and at the same time carry on work in the territory of the other, are, in respect of operations carried out in one of the countries, subject to the laws of that country. This principle shall not apply, however, when the operations in question are carried out by persons domiciled in the territory of the country in which the undertaking has its head office, in which case the legislation of that country shall apply. In this respect the Convention departs considerably from the principles laid down by previous international Conventions. Usually, the latter attach greater importance to the movement of the worker than to his place of domicile. Moreover, no account is taken of the duration of 1 Cf. E. Mahaim : Le droit international ouvrier. Paris, 1913. ACCIDENT INSURANCE 209 the work executed by the worker sent abroad, with the result that the exception made to the principle of territoriality is much wider in every respeet than in previous Conventions. The primary reason for this is that the Netherlands legislation grants the benefit of Dutch law to all persons domiciled in the Netherlands who work for a Dutch employer (Article 9). Now, while the Netherlands Government was unable, by renouncing this principle, to submit its nationals to Belgian legislation which in certain respects is less beneficial than its own, there was no reason for Belgium, whose laws and customs made no provision for workers sent abroad, to refuse its sanction to this plan which guarantees legal compensation for its nationals in all circumstances Article 3 regulates the case of transport undertakings. As regards the mobile staff of such undertakings, who travel from one country to another, the legislation of the country in which the headquarters of the undertaking are situated shall invariably apply. It is therefore by such legislation that compensation payable on account of accidents to members of the travelling staff will be assessed in every instance. Any accident to which the compensation law of one of the States applies shall not entitle the victim to compensation other than is provided for by the legislation of that State. In order to facilitate the execution of the laws relating to industrial accidents by both Parties, the competent administrative and judicial authorities shall offer each other mutual assistance and give judicial help in accordance with the provisions of the Conventions in force between the two countries respecting civil and commercial questions. In virtue of this provision it becomes necessary to apply the procedure laid down by the Hague Convention of 17 July 1905. In urgent eases the authorities shall proceed on their official initiative to take the necessary steps for investigation in the same way as for the execution of the national laws. The Convention establishes reciprocity in respect of fiscal exemptions in the same manner as previous Conventions of the same kind. The provisions governing the proceedings which may be taken in connection with accidents, the mutual measures of assistance of the authorities and the fiscal exemptions shall likewise apply to any undertaking which carries on its activities and is subject to insurance only in one of the two countries, irrespective of the place where it has its head office. When it is necessary, in the course of applying the industrial accident legislation of one country, to fix the value of wages fixed in the currency of the other country, conversion shall be effected on the basis of average values determined by each of the two Governments for the purpose of applying its legislation which it shall communicate to the other Government. As a result of the Convention relating to industrial accidents, concluded at The Hague on 9 February 1921, with the Netherlands, and for its application, the Governments of the two countries laid down, by an Exchange of Notes on 23 October 1926, the regulations for legal assistance provided for in Article 6 of the Convention. It was thereby agreed that all requests for such assistance should in future be forwarded direct by the competent authority in each of the two countries to the judicial authority in the other country, in accordance with Article 9, paragraph 4, of The Hague Convention of 17 July 1905 regarding civil procedure. This procedure came into operation on 15 November 1926. The Convention respecting the compensation of industrial accidents entered into between Belgium and the Argentine Republic on 24 December 1924 is reviewed under “Argentina”. * Explanatory Memorandum to the Bill for the approval of the Convention of 9 Feh. 1921, Revue de Travail, Brussels, May 1921. 11 210 PROVISIONS RELATING TO FOREIGN WORKERS BRAZIL.—Cf. Article 1 of the Emigration and Labour Treaty concluded between Brazil and Italy on 8 October 1921 (§1, f/J, of present chapter). CZECHOSLOVAKIA.—Cf. subsection (c) (Social Insurance in General), “Austria”, and subsecfion (d) of the present chapter, “Italy”. As regards the position of Czechoslovak workers in France, Article S of the Emigration and Immigration Convention of 20 March 1920 stipulates that : “As regards industrial accidents, the restrictions provided for in respect of Czechoslovak workers who are victims of accidents, and of their survivors or representatives who (at the time of the accident) were not resident or who have ceased to reside in French territory shall be entirely repealed, in conformity with the last paragraph of the French Act of 9 April 1898, respecting industrial accidents, under the conditions laid down in the said paragraph, in consideration of the reciprocity guaranteed to French workers by Czechoslovak legislation recognised as equivalent. The necessary provisions for the payment of pensions and allowances in France and Czechoslovakia shall be laid down by an agreement concluded in the form of an arrangement between the competent French and Czechoslovak administrative departments”. DENMARK.—The Convention between Denmark and the Argentine Bepublic of 16 December 1927 is analysed under “Argentina”, and the Agreement with Finland of 30 November 1923 under “Finland”. An Agreement with Iceland respecting accident and invalidity insurance is reviewed in subsection (c) of the present section under “Denmark”. A Convention concluded between Denmark and Great Britain on 18 November 1925 grants to subjects and citizens of the contracting Parties the enjoyment of the benefits of the compensation and guarantees secured by the legislation in force in Great Britain and Northern Ireland on the one hand and Denmark on the other in regard to compensation for industrial accidents. It is, however, laid down by the said Convention that prior to its ratification the legislation in force in Great Britain and Northern Ireland should be amended in respect to the assessment of compensation, the procedure for the submission of requests by the dependants domiciled in the territory of the other State, the exemption from court fees in respect of proceedings connected with the compensation of accidents, and the reciprocal annual notification of all legal decisions given during the course of the year in respect of accidents happening to a national of the other Party. Subsequently section 26 of the British Workmen’s Compensation Act, 1925, empowered the Government to introduce the amendments required to facilitate the enforcement of international agreements. On 12 February 1919 an Agreement between Denmark, Norway and Sweden was concluded respecting reciprocity in the matter of accident insurance. In pursuance of the Agreement the provisions of section 34, paragraph 1, of the Danish Act of 6 July 1906 respecting accident insurance shall not apply to the survivors of Norwegian and Swedish nationals. As regards Norway, the provisions of section 5 of the Act of 13 August 1915 respecting the accident insurance of industrial workers shall not apply to the survivors of Danish and Swedish nationals ; the provisions of the first part of section 8 of the Act of 18 August 1911, as amended by the Act of 30 July 1915, shall not apply to Danish and Swedish subjects or to their survivors; the provisions of section 25 of the said Act of 13 August 1915 and those contained in the first part of section 26 of the said Act of 18 August 1911 shall not apply to Danish or Swedish nationals or to their survivors who reside or subsequently take up residence in Sweden or Denmark. To the same extent as is provided for Norwegian subjeets in the Act of 13 August 1915, section 25, and in the Act of 18 August 1911, Part II, section 26, Danish or Swedish subjeets or their survivors who have resided outside Denmark, Norway or Sweden and who return to live in one of these three ACCIDENT INSURANCE 211 countries shall he entitled to the compensation granted by law. The medical examination provided for in the last paragraph of section 4 of the Act of 18 August 1911 may also be held in Denmark or Sweden and the certificate of a Danish or Swedish medical practitioner shall in such case be equivalent to a certificate granted by the Norwegian practitioner. As regards Sweden, the provisions of section 27 of the Act of 17 June 1916 respecting the accident insurance of industrial workers shall not apply to Danish subjects who are not resident in Sweden, or to Norwegian subjects resident in Denmark or in Norway. As a result of this provision Danish subjects regardless of their place of residence and Norwegian subjects for so long as they reside in Denmark or Norway shall have a right to compensation in accordance with the provisions of sections 6, 7 and 27 of the said Act. The provisions of the second paragraph of section 27 of the same Act shall not apply to Danish or Norwegian nationals. The competent authorities of the contracting States shall assist each other by carrying out on their own territory the necessary enquiries and by effecting the payment of compensation due in connection with accidents happening on the territory of one of the contracting Parties on the understanding that the expenses so incurred will be refunded by the State concerned. By a Convention concluded on 23 October 1926 with the Netherlands, the Danish Government undertook to exempt Dutch nationals from restrictions laid down by section 37 of the Danish Accident Insurance Act of 28 June 1920 in connection with the application of the provisions of that Act to the survivors of foreigners affeeted by an industrial accident. Thus, Dutch nationals shall in every respect have the same rights as are granted to Danish nationals under the said Act. Similarly, the Netherlands Government declares that Danish nationals shall enjoy the same rights in all respects as are granted to Dutch nationals under the Dutch Accidents Aet, 1921, the Agricultural and Horticultural Accidents Act, 1922, and the Seamen’s Accident Act, 1919. All rights and duties respecting insurance are subject to the law of the coimtry whose accident legislation is applicable to the case. In connection with the payment of compensation by one country in the other, the conversion of the currency of the other country shaU be made on the basis of a rate fixed by each Government. The Danish Workers’ Insurance Council (Arbejderforsikringsraad) and the following institutions, viz. the State Insurance Bank, the Labour Councils, trade associations and organisations and persons specified by the Ministry in the Netherlands which is responsible for the administration of the Seamen’s Accident Act, 1919, shall assist one another in matters relating to this treaty, subject to repayment of any expenses incurred, and if requested they shall also assist any other insurance institutions which undertake to insure employers’ risks of industrial accidents in pursuance of any of the above-mentioned Acts by the making of enquiries and the payment of compensation. If any person whose principal undertaking is situated in one of the two contracting States employs workers on work in the other country, and if the work is of such a nature that the accident insurance legislation of both countries is applicable to it, the legislation of the country in which the work is performed shall apply except where the work is of short duration (a maximum of six months) or of a supervisory character. The competent authorities in the country in which the work is performed shall decide which work shall be so classified. In the case of transport undertakings (land, sea or air) which carry out operations as a rule in both countries, the legislation of the country in which the undertaking has its headquarters shall apply. Nevertheless, workers who are employed by such undertakings in the other country and are permanently domiciled there shall be subject to the legislation of that country. If workers are engaged from one country for the loading or unloading of vessels or repairing work on board a ship or aircraft which 212 PROVISIONS RELATING TO FOREIGN WORKERS has its home port in the other eountry, during the stay of the vessel or aircraft in the first mentioned country the said workers shall be subject to the legislation of that country. It is stipulated that the Treaty shall not apply to legislation which has been or may be promulgated in Denmark or the Netherlands respecting compensation to seamen for accidents consequent upon a state of war. ESTONIA.—Cf. “Finland”, Treaty of 10 December 1925. In addition’ the Preliminary Economic and Customs Treaty concluded on 1 November 1923 by Estonia and Latvia makes special reference (Article 12) to equality of treatment for victims of industrial accidents as follows : “Nationals of each of the two contracting Parties who meet with an industrial accident in industrial establishments in the territory of the other Party, and the legal dependants of such persons, shall be granted in this connection by the country in which the accident occurred, under the legislation in force, such compensation as is granted to its own nationals”. FINLAND.—-An Agreement concluded between Estonia and Finland on 10 December 1925 stipulates that nationals of each of the two contracting Parties who meet with an industrial accident in the territory of the other Party, and the surviving dependants of such persons, shall be granted such rights as are granted in the country in which such accident occurred to its own nationals. This equality of treatment shall be granted to the nationals of the other State and to their survivors, without any condition as to residence. Bach of the two Governments shall designate to the other an authority whose duty it shall be to supply the insurance institutions and the competent authorities of the other State on request with all information, and to give them every assistance, with a view to facilitating the administration of legislation respecting compensation for industrial accidents. The contracting Parties reserve the right to conclude a special agreement, by means of an exchange of notes, respecting the procedure for the payment of the sum due, in pursuance of the legislation of each State concerning compensation for such accidents for beneficiaries resident in the territory of the other State. The Agreement concluded between Finland and Germany respecting compensation for industrial accidents is analysed under “Germany”. A Declaration signed on 11 September 1923 at Helsingfors regulates the compensation of Swedish workers who are victims of industrial accidents in Finland, and Finnish workers who meet with similar accidents in Sweden. By this Declaration Finland declares that Swedish nationals shall have the same rights in every respect as Finnish nationals under the Finnish Order of 18 August 1917, concerning workers’ accident insurance, and an Order of the same date concerning the accident insurance of seamen and the crews of vessels. Sweden declares that the provisions of section 27, § 1, No. 2, and § 2 of the Swedish Act of 17 June 1916, respecting insurance against industrial accidents, shall not apply to Finnish nationals. These provisions stipulate that an amount not exceeding 50 per cent, of the capitalised value of the periodical payments may be substituted for the latter even without the consent of the beneficiary, and restrict the rights of dependants living abroad to funeral expenses, granting them an annuity or a lump-sum payment only when it is shown that they were resident in the Kingdom at the moment the accident occurred. The Declaration also stipulates that in all other respects compensation shall be granted and assessed in accordance with the rules in force at the time in the country to which the compensation is chargeable, and that the official insurance institutions of the two countries shall assist each other in the making of enquiries and the payment of compensation. On 30 November 1923 a Convention was signed with Denmark respecting reciprocity in respect to questions of accident insurance. The terms of this Convention are identical with those of the declarations signed with ACCIDENT INSURANCE 213 Sweden, the agreement making an exeeption to the restrictions respecting foreign workers laid down by the Danish Act of 28 June 1920, just as the preceding agreement makes an exception to the provisions of the Swedish law of 1916. FRANCE.—Several agreements have been concluded with Italy on this subject. An Arrangement dated 9 Jime 1906, which defines the provisions of the Convention respecting the Workers’ Protection Act of 1904, stipulates that so far as concerns the compensation of industrial accidents Italian workers and employees who meet with accidents arising out of or in the course of their employment on French territory, or their representatives, shall have the same rights to compensation as French workers or employees or their representatives and vice versa ; the same rules shall apply to dependants who were not resident in the territory of the country where the accident happened at the time when it occurred, or who subsequently ceased to reside therein. The agreement regulates all questions respecting enquiries which may have to be made at the time of the accident, allows employers and the insurance companies to pay instalments of benefit or compensation due, through the agency of the consular authorities, and lays down a number of provisions intended to facilitate the payment of compensation through the competent national funds. Administrative regulations were issued on 20 September 1907 and 1 December 1908. By a Declaration dated 9 March 1916 treaties of all kinds concluded previously between France and Italy were extended to Morocco; among these is included the treaty respecting compensation for industrial accidents mentioned above. As regards Tunis, a Franco-Italian Agreement dated 12 September 1919, for the establishment of the frontier between Tripoli and the French African possessions, embodies a stipulation whereby the French Government consents to extend to Timis the engagements which it took in 1916 for Morocco vis-à-vis the Italian Government respecting industrial accidents. A Convention concluded between France and the Republic of San Marino, which was signed at Paris on 9 August 1917, is very similar to the FrancoItalian Agreement. An interesting feature of this Agreement is the co-operation which it implies on the part of the Italian Government, as it extends to the nationals of both countries the provisions of the Franco-Italian Convention of 9 June 1906. To facilitate this, San Marino undertakes to adopt the Italian legislation respecting industrial accidents, while the transfer of the necessary funds will be carried out by the Italian national funds. The necessary formalities will be accomplished by the consular authorities of San Marino, or, where there are no such authorities, by the Italian consular authorities. Although these two Conventions have much in common, they are nevertheless independent. The Convention concluded with San Marino might continue to have effect apart altogether from the Convention signed with Italy in 1906. Italy is thus required to facilitate its application even if the main Convention be denounced The Convention entered into with Great Britain on 3 July 1909 respecting industrial accidents is similar to the other Conventions concluded by France, in so much as it maintains the principle of equality of treatment and the application of the law of the land in which the accident occurred, subject to the two usual exceptions for workers employed in transport undertakings and workers employed temporarily in the other country for a period of ^ CÍ. Pierre Piganiol: Le traité du travail Franco-Italien du 30 septembre 1919, pp. 129131. Toulouse, 1922. 214 PROVISIONS RELATING TO FOREIGN WORKERS less than six months. But the ratification of the Convention was made conditional on the introduction of amendments to the British legislation respecting five points enumerated in Article 5. The first point requires that all compensation due to Frenchmen living in England shall be compulsorily assessed by the County Court instead of by agreement between the parties or arbitration as permitted by British law. The other points also provide for the intervention of the County Courts and the French National Pensions Fund to facilitate the payment of pensions. An Act dated 20 September 1909 empowered the British Government to introduce the necessary amendment to the Act of 1906, with a view to its extension to French nationals. A Convention was signed on 27 June 1906 by France and Luxemburg. Its text is exactly the same as that of the Franco-Belgian Agreement of 21 February 1906 reviewed under “Belgium”. The emigration and immigration Treaties concluded with Poland on 3 September 1919, and with Czechoslovakia on 20 March 1920, include in Article 3 stipulations respecting compensation for industrial accidents. (Cf. § 1, &, of the present chapter.) A provision embodied in Article 20 of the Convention concluded between Prance and Poland on 30 December 1925 is intended to facilitate the payment of pensions or compensation payable in connection with industrial accidents to persons domiciled outside the territory in which the insurance applies; the payment may be made through the agency of the consular officials of the State to which the beneficiary belongs. The insurance societies and all other parties concerned are exempted from all further responsibility by the receipts issued by the State authorities. Cf. also, in subsection c (Social Insurance in General) the provisions respecting accident insurance contained in the Agreement concluded on 27 May 1926 between France and the Saar Territory. GERMANY.—The Convention signed on 6 July 1912 by Germany and Belgium stipulates that when undertakings having their headquarters within the territory of one of the contracting Parties, and whose operations extend over the territory of the other Party, are subject to the laws respecting the compensation of industrial accidents, the legislation of the country in which the operations in question are carried out shall be exclusively applied. Notwithstanding this rule the law of the country in which the headquarters of the undertaking are situated shall be applied during the first six months’ activity of the undertaking. As regards State, provincial and municipal undertakings of each of the two countries, and public servants employed by such undertakings, the law of the country in which the undertalang is situated shall apply. This also applies to the travelling staff of transport undertakings. Whenever, in one of the countries, grants have been allowed by way of legal indemnity in respect of an accident, the victim of which must be compensated in accordance with the legislation of the other country, the party liable shall be bound to refund the State grants. Whenever the accident which has taken place in the territory of one of the countries comes under the application of the legislation of the other country, or when the imdertaking concerned is liable to pay compensation in only one of the countries, the legislation of that country shall likewise apply in respect to any proceedings for civil liability to which the accident may give rise in accordance with the laws of the other State. The authorities of the two countries agree to give each other their mutual assistance and legal help. Exemptions from stamp and other fiscal duties are applicable to the nationals of the other country. The payment of compensation may be made by the authorities of either country, who are also bound to furnish all information required. The system of relief adopted for German public servants, instead of insurance against accidents, is treated as equivalent to the said insurance. The Convention is not retrospective. ACCIDKNT INSURANCE 215 In accordance with the Agreement entered into hy Germany and Spain, by an Exchange of Notes on 30 November 1912 and 12 February 1913, industrial accidents affecting Spanish seamen on German vessels, and German seamen on Spanish vessels, must he reported, in the first instance, to a Spanish consul when the aceident happens in a German or a foreign port, and to the civil governor or the Alcade if it occurs in a Spanish port. In German ports notification is given by the German authorities to whom the captain made the declaration required by law, and in foreign ports by the German consul. The latter is required to notify the competent authority as far as possible within twenty-four hours after the arrival of the ship in a Spanish port, when the accident took place on the high seas. Reciprocally when a German sailor employed on board a Spanish vessel is the victim of an industrial accident, the Spanish authority to whom the declaration is made, or the Spanish consul, is required to inform either the German consul or the port officials. Similarly the Spanish consul is required to make the necessary notification as far as possible within twenty-four hours. The Agreement does not apply to the colonies and protectorates of the two countries. By an Agreement dated 18 June 1927 Germany and Finland undertake to grant to the nationals of the other contracting State who are victims of an industrial accident, and to their legal dependants, the same treatment as is granted to their own nationals who are affected by an industrial aecident, and their legal dependants. For purposes of the application of the legal provisions of each of the two States respecting compensation for industrial accidents, residence on the territory of the other contracting Party shall not be considered as residence abroad. The two States undertake to lend each other mutual assistance for the application of accident insurance, and to come to an agreement on the procedure to be used in respect of the payment of compensation due to persons resident on the territory of the other State. An Agreement was concluded between Germany and Luxemburg on 2 September 1905. This agreement deals more particularly with the overlapping of the national legislation of the two countries : it provides for the applieation of the law of the country in which the accident oecurred, and lays down special regulations ■ concerning enterprises carrying out operations in the territories of the two countries. The Treaty concluded on 27 August 1907 between Germany and the Netherlands greatly resembles the Treaty concluded on 2 September 1905 between Germany and Luxemburg. The main object of this Treaty is to prevent the legal disputes which frequently result from section 9 of the Netherlands Act. Indeed, this section often led to the employers being subjected to double insurance obligations, while in other cases it happened that the workers were not insured at all. Again workers employed in Dutch establishments, the branches of which in Germany were not of sufficient importance to be classified as an undertaking, were not covered by the German law, and if they were domiciled in Holland were not insured in either of the two countries. The Treaty refers in the first place to undertakings having establishments in the two countries, and establishes the principle of territoriality of the accident insurance laws : all branches are in future to be considered and treated as an independent establishment. Nevertheless two exceptions are made to this rule, one by Article 2 for the travelling staff of transport undertakings, the other by Article 3 for workers of all kinds who are employed for less than six months. These two classes of workers remain subject to the insurance laws in force at the headquarters of the undertaking. The other provisions of the Treaty relate to administrative procedure. Article 7 declaring that manufacturers shall not be required to pay higher eontributions or premiums in respect of the aceident insurance of one country because their undertakings are situated in the other. The additional Conventions of 30 May 1914 between Germany and the 216 PROVISIONS RELATING TO FOREIGN WORKERS Netherlands provides for the insertion in the Convention of 27 August 1907 of an Article (3a) which states that the actual domicile of insured persçns is in future of no importance, and that if an undertaking covered by the said Convention is subject to accident insurance in one of the two contracting States, all persons occupied in the said enterprise shall he liable to insurance whether or not they reside on the territory of the said State. This provision is retrospective for all cases. Several agreements and treaties containing provisions respecting accident insurance have been analysed elsewhere, viz. the Agreement between Germany and Austria of 8 January 1926 (subsection c of present chapter, “Germany”) ; Treaty between Germany and the United States of 8 December 1923 (see under “United States”) ; the Agreement concluded between Germany and France on 27 July 1922 and between Germany and Italy on 31 July 1912 (subsection c, “Germany”); the Agreement between Germany and Poland of 24 November 1927 (§ 1, &, of the present chapter). GREAT BRITAIN.—^By an Exchange of Notes on 3 February and 2 April 1909 between Great Britain and Sweden, it was agreed that, subject to reciprocity, the widows and children of British subjects shall be entitled to the pension rights provided for by the Swedish Act of 5 July 1901, even when they were not domiciled in Sweden at the time when the accident occurred ; British subjects who have pension rights and are domiciled in Great Britain are fully entitled, notwithstanding the provisions of section 6 of the said Act, to the pensions granted them by that Act. Cf. “Denmark”, Treaty of 18 November 1925, and “France”, Treaty of 3 July 1909. HUNGARY.—According to a Convention concluded between Hungary and Italy on 19 September 1909, each of the two States undertake to grant to nationals of the other States living on its territory the same rights as are granted to its own nationals. The legal dependants of the victims are treated exactly as if they were resident in the country where the accident occurred. The consular authorities are assured of the co-operation of the local authorities in connection with all matters referring to the application of the Convention. The funds liable for the compensation of industrial accidents may free themselves from all further responsibility by transferring the capitalised value of the pension to the competent fund of the other country ; further, the funds of one of the countries may request the funds of the other country to pay pensions on their behalf. The Convention likewise regulates all questions concerning the exemption from fees and duties on documents, the arbitration of disputes which may arise concerning the interpretation of the application of the Convention, etc. ICELAND.—See “Denmark”, Agreement of 13 October 1927. ITALY.—Treaties respecting social insurance in general concluded with Germany on 31 July 1912, and with the Serb-Croat-Slovene Kingdom on 20 July 1925, regulate questions of aceident insurance. (Cf. subsection c, “Germany” and “Italy”.) Under “Argentina”, “France”, “Hungary” and the “United States” will bè found summaries of the terms of treaties concluded by Italy with these countries in respect of industrial accidents. In § 1, / and 6, of the present chapter a summary is given of the terms of the Labour Treaties concluded with Brazil on 8 October 1921 (Article 1, Industrial Aecidents) and with Luxemburg, 11 November 1920 (Articles 6 and 10, idem). An Exchange of Notes between the Minister of Sweden in Rome and the Italian Minister of Foreign Affairs, on 12 July and 28 August 1920, stipulates that, in accordance with the provisions of the laws of both countries, the nationals of one of the contraeting Parties shall be granted equality of treatment with nationals of the other in respect of accident insurance. ACCIDENT INSURANCE 217 The Treaty of Commerce and Navigation concluded with Czechoslovakia, on 23 March 1921, stipulates in Article 35 that special arrangements will be subsequently entered into in respect of labour questions, and more especially of the accident insurance of nationals of one of the States who are resident on the territory of the other State. LATVIA.—Cf.|“Estonia”, provisions made in the Treaty of 1 November 1923. LUXEMBURG.—^The agreements signed by the Grand Duchy of Luxemburg in respect of industrial accidents are discussed under “Belgium”, “France”, “Germany” and “Italy”. NETHERLANDS.—Cf. “Germany”, the Treaties of 27 August 1907 and 30 May 1914; “Belgium”, the Convention of 9 February 1921 ; “Norway”, the Agreement of 9 January 1925. NORWAY.—Cf. Agreement of 12 February 1919 coneluded by Denmaric, Norway and Sweden under “Denmark”. According to the terms of a Convention concluded between Norway and the Netherlands at Oslo on 9 January 1925, the restrictions laid down by legislation ^ by both countries in respect of compensation for foreign workers who are victims of industrial accidents, and their legal dependants, and those respecting the victims of accidents and their surviving dependants who have ceased to reside in the country where the accident occurred, shall not be applicable to nationals of one of the two contracting Parties who are resident in the other country. Compensation shall be assessed and adjudged in accordance with the rules for the time being in force in the country whose accident insurance legislation is applicable to the accident; and the claimant shall be subject in all matters conneeted with his rights and obligations in regard to insurance to the accident insurance legislation on which his claim to compensation is based. The Convention also empowers the authorities in both countries to co-operate for the execution in one of the countries of the accident insurance laws respecting the different classes of workers in force in the other country. For this purpose the insurance administrations and the law courts of the two countries shall render each other every assistance in accordance with the Treaty provisions in force between the two countries regarding civil and commercial affairs. The insurance administrations of either country shall, when required, institute ex officio such enquiries as would be deemed necessary if the laws of its own country had to be applied. POLAND.—Cf. “France”,! Treaties of 3 September 1919 and 30 December 1925, and “Germany”, Agreement of 24 November 1927. PORTUGAL.—Attention has already been called (§ 11) to the clauses dealing with compensation for industrial accidents embodied in the recruiting treaties concluded with South Africa and Southern Rhodesia respecting the emigration of native workers from Mozambique. SAN MARINO.—Cf. “France”, Agreement of 9 August 1917. ' Norwegian Accident Insurance Act of 15 Aug. 1915, and the supplementary Act of 19 July 1918 (Industry), the Norwegian Act of 18 Aug. 1911 and the supplementary Acts of 30 July 1915, 15 July 1917 and 19 July 1918 (Seamen) and the Act of 10 Dec. 1920 (Fishermen); the Netherlands Acts respecting accident Insurance of 1921 (Industry), 1922; (Agriculture and Horticulture) and 1919 (Seamen). 218 PROVISIONS RELATING TO FOREIGN WORKERS SERB-CROAT-SLOVENE KINGDOM.—Cf. in subsection c (Social Insurance in General), “Italy”, Agreement of 20 July 1925. SPAIN.—Cf. “Argentina”, Convention of 27 November 1919, and “Germany”, exchange of notes of 30 November 1912 and 12 February 1913. SWEDEN.—The Agreements concluded with Argentina on 14 May 1928, with Denmark and Norway on 12 February 1919, with Finland on 11 September 1923, with Great Britain on 3 February and 2 April 1909, and with Italy on 12 July and 28 August 1920, are discussed under “Argentina”, “Denmark”, “Finland”, “Great Britain” and “Italy”. Further, in its annual report for 1928 respecting the application of the Draft Convention of 1925 concerning equality of treatment for national and foreign workers as regards workmen’s compensation for accidents, the Swedish Government pointed out that special agreements concerning such equality had also been concluded with Czechoslovakia, the Netherlands, the Serb-Croat-Slovene Kingdom and South Africa. UNITED STATES.—The fact that in the United States of America each State is competent to legislate on labour matters and that moreover several of these States have limited themselves to establishing civil responsibility for industrial accidents has given a somewhat special character to the agreements concluded in this respect by the United States with several emigration countries. The Treaty of Amity, Commerce and Consular Relations concluded by the United States and Germany on 8 December 1923 stipulates in Article 2 that with respect to the protection granted by federal, state or provincial laws establishing civil liability for injuries and for death, and giving to relatives or heirs or dependants of an injured party a right of action or a pecuniary benefit, such relative or heir or dependant of the injured party, being a national of either of the High Contracting Parties and within any of the territories of the other, shall, regardless of their alienage or residence outside of the territory where the accident occurred, enjoy the same rights and privileges as are or may be granted to nationals and under like conditions. According to Article 25, a consular officer of either High Contracting Party may, on behalf of his own resident countrymen, give a receipt for their distributive shares derived from estates in process of probate or accruing under the provisions of so-called Workmen’s Compensation Laws or other like statutes provided he remit any funds so received through the appropriate agencies of his Government to the proper distributees, and provided further that he furnish to the authority or agency making distribution through him reasonable evidence of such remission. The Treaties of Amity, Commerce and Consular Relations concluded with Estonia on 23 December 1925 (Articles 2 and 24) and with Hungary on 24 June 1925 (Articles 2 and 13) embody similar provisions. (e) Invalidity and Old Age Insurance International treaties eoncluded in connection with invalidity and old age insurance generally amend the provisions of national legislation as applying to foreigners on two main points. In the first place, they are used as a means to secure for foreign workers the same treatment in respect of invalidity and old age pensions as are enjoyed by the national workers. For it fre- INVALIDITY AND OLD AGE INSURANCE 219 quently happens that the national laws do not allow foreigners to benefit by the contributions made by the State to the insurance funds, and the pensions of foreign workers are consequently considerably lower than those received by national workers in the same circumstances. Secondly, where the laws of the country require all workers irrespective of nationality to pay insurance contributions, a State may consider that it is to the advantage of its nationals, who have to work for a short period on the territory of the said country, to be exempted from the necessity of making such payments, and to continue in insurance under the system in force in their native land. Moreover, even in countries where the legislation grants equality of treatment to foreign and national workers as regards the application of invalidity and old age insurance legislation, special international arrangements are necessary in view of the long periods over which the insurance and the payment of contributions and benefits are effected. Practical measures of application and close collaboration between the competent organisations of the countries concerned must be arranged by common agreement, to facilitate the calculation of pension rights and the part of the cost to be borne by the funds to which the persons concerned may have belonged at different periods. AUSTRIA.—Cf. in subsection c (Social Insurance in General), “Germany”, Agreement of 8 January 1926, and “Austria”, Agreement concluded in 1927 with Czechoslovakia. BELGIUM.—A Convention concluded with France on 14 February 1921 aims at guaranteeing to the nationals of the contracting States working in French or Belgian mines, the advantages of the special systems of miners’ pensions in force in each country. It stipulates that a French worker employed in a Belgian mine shall have the advantage of the premiums (primes d’encouragement) provided for by Belgian legislation respecting old age pensions without any conditions as to residence. If he proves that he has been employed for 30 years in Belgian mines and also fulfils the other conditions as to age and continuity of employment required under the special legislation for Belgian miners’ pensions, he shall further be entitled to the grants from the State and from the provident fund. A Belgian worker employed in France, who at the age of 55 years proves that he has &en employed in French mines for 30 years, representing 7,920 actual working days, or 30 years as a wage earner in France, of which at least 15 years have heen spent in mines, shall have the advantage, on the same conditions as French workers, of the grants and bonnses paid by the French Government and the Independent Fund for miners’ pensions. The Agreement admits the aceumulation of the periods worked for workers who have been employed successively in the mines of both countries ; it also lays down the methods of calculation for widows’ pensions in the different cases. The advantages 220 PEOVISIONS «ELATING TO FOREIGN WORKERS specified in this Convention shall accrae to workers who, after the date of its coming into operation, shall fulfil the conditions as to age and duration of employment neeessary for a elaim to a grant or bonus. They shall likewise aecrue to widows whose rights mature after the said date. By way of a temporary exemption, a worker of either country who, at the date when this Convention comes into operation,is resident in the eountry where he has given up mining work, may enjoy the advantages referred to above if he proves that he fulfils the eonditions as to age and duration of employment specified by the Convention. Any improvements which may subsequently be made in the old age pension system in force in either country shall be extended to nationals of the other country. All problems connected with the application of this Convention which it is not possible to settle by common agreement shall be referred to one or more arbitrators. A new Convention respecting the same matter was signed on 21 May 1927, and its provisions will take the place of those of the Convention of 1921, after an exchange of ratifications. As the laws of the two countries now resemble each other more closely, the new agreement aims at establishing the greatest possible equality of treatment as between Belgian and French workers in respect of the application of provisions concerning miners’ pensions, instead of the purely formal reciprocity admitted by the original agreement. Complete equality of treatment is assured for workers who have been employed holely in the mines of one of the two countries ; nationals of the other contracting Party and their dependants (widows and orphans) are entitled to all the advantages of the legislation of the country where the work was performed, provided they fulfil the conditions imposed on national workers (Articles 1 and 2). As regards the calculation of pensions and bonuses for workers who have been employed alternately in the mines of both countries, the Treaty stipulates that all periods of employment of at least three years’ duration (five years was the minimum laid down in the 1921 Agreement) are to be taken into account. The Treaty lays down the methods to be adopted in calculating the age at which workers are entitled to a pension, in accordance with whether such workers have worked 30 years or less than 30 years (with a minimum of 15 years), or whether they have worked above ground or underground, or alternately above ground and underground. The amount of the pension due for the total number of years worked in the mines in both countries is calculated in accordance with the less favourable legislation (Articles 3 and 5). A part of the pension payable by the Independent Miners’ Pension Fund and the Belgian Miners’ National Pension Fund respectively is calculated in accordance with the number of years worked in the mines of both countries, the pensions calculated as described above being taken as a basis (Article 5). In determining the pension rights of miners’ widows and the part of such pensions payable by the public funds in each country, the same principles are applicaWe. As regards orphans’ pensions and the benefits granted to widows at the time of the husband’s death, the legislation of the country in which the father or husband was last employed is applicable (Articles 4-6). The Agreement of 1927 also includes a provison wWch extends the advantages of the Agreement, with some slight modifications, to workers employed in slate quarries and in industrial undertakings which are branches of a mining concern, and to widows, and orphans of such workers. These provisions apply to persons who were still in employment on 1 January 1926 (Articles 7-10). Finally, it is stipulated that for the calculation of pensions, bonuses and supplementary or complementary pensions, the currency of both countries should be considered as equivalent, all payments being made in the currency of the country involved (Article 11, § 2). INVALIDITY AND OLD AGE INSURANCE 221 DENMARK.—Cf. subsection c, Agreement with Iceland of 13 October 1927. FRANCE.—Cf. “Belgium” for Agreements concluded with that country. An Agreement was concluded with Italy on 9 August 1910 respecting the payment of contributions to the national pension funds. The aim of this Agreement was to regulate the conditions for the application of paragraph 6 of Article 1 of the Franco-Italian Convention of 15 April 1904. The arrangement allows Italians living in France and Frenchmen living in Italy to pay contributions to the national fund of their native country and to draw their pensions when they fall due. The financial relations between the two funds are also defined and the free transfer of funds by post assured. Attention must also be drawn to the fact that the Franco-Italian Treaty of 30 September 1919 grants equality of treatment in respect of the system of workers’ and peasants’ pensions (including special pensions for miners), subject to the observation of the regulations laid down in connection with the methods of calculation and payment of the allowances and grants payable by the State (cf. § 1 of the present chapter). In pursuance of Article 7 of this Treaty, an Agreement respecting workers’ pensions was concluded on 22 May 1924. The Agreement regulates the application of the system instituted in France by the Act of 5 April 1910 respecting workers’ pensions, and in Italy by the Decree of 30 December 1923 respecting invalidity and old age insurance. It authorises the accumulation of periods worked by insured persons who have resided alternately in the two countries and the proportionate distribution of the cost of compensation due to insured persons between the French and Italian administrations. The Agreement further defines in detail the methods of calculating pensions both for insured persons and their dependants and the procedure for paying pensions due, and stipulates that the currency of both countries shall be considered as equivalent in all such matters. The competent administrations and organisations of the two countries are entitled to correspond directly in connection with matters relating to the application of the Agreement. In case of denunciation of the Labour Treaty, the provisions laid down in Article 7 of the said Treaty, and those of the 1924 Agreement, shall continue to apply to insured persons and their dependants whose right to a pension or an allowance is in existence before the date on which the aforesaid Treaty expires. An Agreement concluded with Poland on 14 October 1920 embodies clauses respecting workers’ and peasants’ pensions. This Agreement is analysed in subsection c (Social Insurance in General), as is the Agreement concluded with the Administration of the Saar Territory, dated 27 May 1926, which includes provisions respecting invalidity and old age insurance. GERMANY.—In § 1, 6, of the present chapter will be found the provisions respecting invalidity and old age insurance embodied in the GermanoPolish Agreements of 24 November 1927 respecting seasonal agricultural workers, and in subsection c, § 5 (Social Insurance in General), those included in the Germano-Austrian Agreement of 8 January 1926, the Franco- German Agreement of 27 July 1922, the Germano-Italian Agreement of 31 July 1912 and the Germano-Czechoslovak Agreement of 15 December 1924. ITALY.—Cf. “France” for treaties concluded with that country, and subsection c (Social Insurance in General) for the Germano-Italian Agreement of 31 July 1912 and the Agreement concluded with the Serb-Croat-Slovene Kingdom on 20 July 1925. According to Article 8 of the Labour Treaty concluded between Italy and Luxemburg on 11 November 1920 the nationals of each of the two States shall enjoy on the territory of the other State equality of treatment with the national workers in respect of the application of the laws relating to 222 PROVISIONS RELATING TO FOREIGN WORKERS invalidity and old age insurance. The periods of employment or contribution and the periods assimilated thereto which are completed in each country, in conformity with its laws, shall be added together for the purposes of determining the right to a pension. Each of the two countries shall be responsible for a part of the total amount of the pension calculated in accordance with its own rates and laws proportionate to the periods completed in it. The pension to an insured person shall be made up by adding the two resultant parts chargeable to each of the two countries. .It is stipulated that the competent authorities of the two countries shall by agreement determine the detailed measures and rules necessary for the execution of the said provisions which involve the co-operation of the insurance institutions of the two countries. SERB-CROAT-SLOVENE KINGDOM.—Cf. subsection c (Social Insurance in General), “Italy”. (f) Unemployment Insurance and Relief The grant of unemployment insurance benefits and relief to foreign workers is important because this form of social assistance is practised by the country of immigration at the very moment when fiuctuations in the economic life of the nation have, for the time being, made the presence of such workers superfluous. Treaties concluded in connection with such matters are intended either to regulate the conditions in which foreign workers are entitled to benefit from the unemployment insurance system of the country wherein they are employed (procedure for the payment of contributions to the insurance funds, right to benefit from employers and State contributions), or to secure the extension to such workers of the assistance provided for national workers in the form of relief in those countries where measures of this kind are in force, and more particularly, the special relief granted in cases of emergency which the national laws frequently refuse to foreign workers. Other treaties, on the contrary, tend to exempt foreign workers, and seasonal workers in particular, from the necessity of paying contributions to the unemployment funds when such payments are compulsory for all wage earners, or, in other words, to exclude foreigners from the benefits of such insurance. Attention must be drawn in the first place to the Convention concerning unemployment which was adopted by the first Session of the International Labour Conference at Washington in 1919, and which contains a clause respecting equality of treatment as UNEMPLOYMENT INSURANCE AND RELIEF 223 regards unemployment benefits. According to Article 3 the members of the Organisation which ratify the Convention and which have established systems of insurance against unemployment shall, upon terms being agreed between the Members concerned, make arrangements whereby workers belonging to one Member and working in the territory of another shall be admitted to the same rates of benefit of such insurance as those which obtain for the workers belonging to the latter. A Recommendation adopted by the same Session recommends each Member of the International Labour Organisation to establish an effective system of unemployment insurance (Part III). At the Genoa Session (1920), which was devoted to maritime questions, the Conference recommended the extension of unemployment insurance to seamen and adopted a Draft Convention which stipulates that the owner or person with whom the seaman has contracted for service on board any vessel shall pay to each seaman employed thereon (and no mention is made of nationality) an indemnity against unemployment resulting from the loss or foundering of the vessel (Article 2). Special bilateral treaties of reciprocity are very rare. Nevertheless, in many cases administrative arrangements are made which stipulate that the systems of unemployment insurance and relief in the countries concerned shall be considered as equivalent, and that in consequence the advantages of national legislation shall be extended in each country to the nationals of the other States by means of internal regulations. Further general labour treaties and recruiting agreements often contain clauses guaranteeing the grant of unemployment relief to workers engaged under such treaties and agreements. AUSTRIA.—-Cf. “Germany”. BELGIUM.—The Labour Treaties eoncluded with France on 24 December 1924 (Article 7) and with Luxemburg on 20 October 1926 (Article 7) establish equality of treatment with nationals in respect of unemployment relief (cf. § 1, 6, of the present chapter). CZECHOSLOVAKIA.—Cf. “Switzerland”. DENMARK.—An Exchange of Notes between the Danish Minister of Foreign Affairs and the Swiss Legation in Copenhagen, dated 28 September and 13 December 1927, establish reciprocity of treatment as between Danish and Swiss nationals in respect of the application of the legislation of the two countries concerning unemployment insurance, in accordance with the principle laid down by Article 3 of the International Convention concerning 224 PROVISIONS RELATING TO FOREIGN WORKERS unemployment, adopted by the International Labour Conference at Washington (1919) and ratified by the two States (see also “Sweden”). FRANCE.—Cf. § 1, 6, for the Labour Treaties concluded with Belgium on 24 December 1924 (Article 7), and with Italy on 30 September 1919 (Article 11), and subsection c (Social Insurance in General) for the FrancoPolish Convention of 14 October 1920 (Article 5). As regards relations with Italy, it should be noted that the Treaty respecting insurance signed on 15 April 1904 (cf. subsection c) provided for the conclusion of agreements respecting unemployment insurance; but as neither Italy nor France had at that time a well-developed social insurance system, this provision remained inoperative for some considerable time. GERMANY.—An Agreement with Austria respecting the grant of reciprocal unemployment relief was concluded by an Exchange of Notes dated 29 June-18 August 1921. Subsequently, a supplementary Agreement was signed, as a result of the development of the national laws of both countries, by an Exchange of Notes on 18 February 1924. According to this Agreement, which came into operation on 3 March 1924, occupations exercised by the nationals of one of the contracting Parties on the territory of the other Party, which by their nature would be subject to unemployment relief in the national territory, entitle the persons concerned to similar relief. In addition, the Austrian Government undertakes to extend to German nationals the benefit conferred under section 1, § 1, 6, of the Austrian Federal Act of 15 November 1922, by which the Austrian Government is authorised to grant special emergency relief. The German Government recognises that the reciprocity which Austrian nationals enjoy in respect of unemployment relief also applies to grants in excess of the normal measures which may be accorded to German nationals. The Governments of the two States agree to take the necessary measures to prevent any pressure being brought to bear upon the nationals of the other State to induce them to return to their country of origin in order to claim unemployment relief. By an Exchange of Notes dated 29 February 1928, the two States also regulated the question of unemployment relief for workers in frontier zones, and that of emergency relief. It was agreed that as from 1 March 1928 the nationals of one of the contracting Parties resident in the frontier zone and employed in the other State shall have the same right to unemployment relief as nationals, provided that the occupation which they exercise is subject to unemployment insurance in their own country. For the purposes of the Agreement the frontier zone is taken to mean the zone in which the regulations for frontier traffic apply. By the same supplementary Agreement it was further stipulated that the nationals of each of the two States shall receive emergency relief in the other country, in similar circumstances and to the same extent as nationals. By a special Agreement dated 14 July 1927, the German and Polish Governments undertook reciprocally to grant equality of treatment to their nationals in respect of unemployment relief and unemployment insurance. This equality of treatment also extends to emergency relief paid in these two countries in consequence of an economic crisis. In a final protocol it was nevertheless stipulated that Polish seasonal agricultural emigrants in Germany shall be excluded from the advantages of the Agreement, as the various recruiting agreements concluded between the two countries exempt them from the payment of contributions to the unemployment funds. This provision is due to the essentially seasonal character which the successive recruiting agreements respecting Polish agricultural labour have never failed to give to the immigration of such labour in Germany. It will be seen from subsection (c) of this chapter, dealing with “Social Insurance in General”, that the Agreement respecting seasonal agricultural emigration of 24 November 1927, embodies a provision similar to that of UNEMPLOYMENT INSURANCE AND RELIEF 225 the Agreement of 14 July 1927 respecting the system applied to seasonal agricultural workers. An Agreement concluded between Germany and Switzerland at Berne on 4 February 1928 stipulates that persons resident in one of the two States and employed in the other shall be liable to the unemployment insurance legislation of the State in which they are resident, and will not be required to pay contributions to the unemployment insurance scheme of the district in which they are employed. GREAT BRITAIN.—Cf. “Switzerland”. ITALY.—Cf. “France” for agreements concluded with that countryj The Labour Treaty entered into with Luxemburg on 11 November 1920 mentions the’^grant of unemployment relief in Article 7 (cf. § 1 (b),of the present chapter). Notes exchanged with Âwííseriand on 4,11,15 and 16 March 1921 established a system of reciprocity in respect to unemployment relief. A more recent Agreement dated 9 February 1927 confirms the previous arrangement. This Agreement states that the Italian Government and the Swiss Federal Council, desirous of giving effect to the engagements provided for in Article 3 of the International Convention concerning unemployment, adopted at Washington by the International Labour Conference during its First Session (1919) and ratified by Italy and Switzerland, declare that the nationals of each of the two countries who are employed on the territory of the other shall be entitled to the same unemployment insurance benefits as are granted, under similar conditions, to nationals of the other country. LUXEMBURG.—Cf. “Italy”. NORWAY.—Cf. “Sweden”. POLAND.—Cf. “France”, “Germany” and "Switzerland”. SWEDEN.—In virtue of powers granted by Parliament, the Government has concluded Agreements with Czechoslovakia, Denmark, Germany, Norway and Switzerland (cf. “Switzerland”) with a view to extending the benefits of unemployment insurance to their respective nationals. SWITZERLAND.—Attention has already been drawn to tbe Agreements concluded with Denmark, Germany and Italy respecting unemployment insurance. In pursuance of an Agreement with the Swedish Government respecting reciprocity of treatment for their nationals in this connection, the Federal Labour Office announced on 11 April 1923 that Swedish nationals domiciled in Switzerland who fulfil the conditions laid down by the Federal Order of 29 October 1919 respecting unemployment relief shall be entitled to such relief in the same manner as Swiss nationals. This decision became operative on 1 April 1923. By an Exchange of Notes on 12 February and 20 March 1926, Switzerland and Czechoslovakia concluded an Agreement whereby each of the two States undertakes to grant to the nationals of the other State established on its territory the same treatment as is granted to its own nationals in respect of unemployment insurance. According to a report submitted to the Swiss Federal Council in 1922, arrangements which were then still unpublished had been concluded by Switzerland on the same matter with Great Britain, Liechtenstein and Luxemburg. In its annual report for 1928 to the International Labour Office on the application of the Convention of 1919 concerning unemployment, the Swiss Government drew attention to a further Agreement concluded with Poland. 15 226 PROVISIONS RELATING TO FOREIGN WORKERS (g) Sickness Insurance As the risk covered by sickness insurance is of a permanent and immediate character, it may mature at any moment during the foreigner’s stay in the country in which the insurance applies, however short such stay may be. When, however, this risk does mature, and it is impossible to transfer the sick person back to his native country, the cost of treatment until his recovery may, if the foreigner be destitute, have to be met entirely by the ratepayers, whereas had the person concerned been insured his contributions to the insurance funds, and in most cases those paid by his employer, would be used to defray the cost of the medical treatment required. The interest of society as a whole therefore requires that sickness insurance should apply to foreigners quite apart from any sentiments of philanthropy. For these reasons laws generally embody adequate provisions respecting sickness insurance and this in turn explains why so few treaties refer to this aspect of social welfare. At the same time, there are certain legal exceptions to the grant of absolute equality which have to be adjusted by international agreement. Certain laws exempt from compulsory insurance all foreign workers employed temporarily or intermittently (as for example persons employed on vessels plying on international rivers or the travelling staff of railway companies) in the territory where the insurance is applicable. The States concerned have then to decide which system shall be applied. In other cases, the grant of equality of treatment is sometimes made dependent on the grant of reciprocal conditions by the State to which the foreigner belongs, hence the necessity for the States concerned, to agree to reciprocal measures. Finally, the laws of different countries are not always identical as regards the right of the insured foreign worker to take part in the management of the sickness funds, although it would seem that, so far, treaties have seldom been used as a means to amend the legal provisions adopted in this connection. Again, even when absolute equality of treatment is ensured by law, it is necessary to take steps to faeilitate the transfer of insured persons from one sickness fund to another. SICKNESS INSURANCE 227 Two Draft Conventions adopted by the Tenth Session of the International Labour Conference at Geneva in 1927 require the Members of the Organisation which ratify them to set up compulsory sickness insurance systems for workers in industry and commerce and domestic servants on the one hand, and agricultural workers on the other. Both Conventions apply to foreign workers as well as to nationals. According to the principles laid down in Part I (Scope of Application) of the Recommendation concerning the measures of application for the said Conventions, sickness insurance should include within its scope, without discrimination as to age or sex, every person who performs work by way of his occupation and under a contract of service or apprenticeship. The Recommendation nevertheless authorises the Governments concerned to fix certain age limits or limits based on earnings or income, but no restrictions are imposed on the ground of nationality. Further, the Draft Convention of 1919 concerning the employment of women before and after childbirth, which is applicable to all women irrespective of nationality, stipulates in Article 3 that every woman shall, while absent from her work during the optional period of six weeks’ rest which precedes and during the compulsory period of six weeks whieh follows confinement be paid benefits provided out of public funds or by means of a system of insurance. AUSTRIA.—Cf. in subsection c, “Gîermany”, Agreement of 8 January 1926, and “Austria”, Agreement of 1927, supplementary to the Recruiting Agreement concluded in 1925 with Czechoslovakia. CZECHOSLOVAKIA.—Cf. “Austria”. DENMARK.—An Agreement was concluded with Norway on 15December 1926 concerning the transfer of members of the sickness insurance fund of one country to the sickness insurance funds of the other. The agreement embraces, so far as concerns Denmark, the sickness insurance funds which are recognised by the State and which are affiliated to the Co-operative Central Associations of Danish Sickness Insurance Funds and, so far as concerns Norway, the District Sickness Insurance Funds and the approved private sickness insurance funds which enjoy the same status. A transfer can only be authorised if the member in question is entitled to receive benefits from State funds in virtue of his sickness insurance under the laws of the country to which he has removed. The transfer shall be effected in conformity with the laws and regulations governing transfers from one sickness insurance fund to another in force in the country to which the member concerned has removed. Nevertheless, if there are divergences in regard to any point between the regulations of either country and the said Agreement, the provisions of the Agreement shall prevail. A member desirous of having his insurance transferred must. 228 PROVISIONS RELATING TO FOREIGN WORKERS when moving from one country to the other, fulfil the following general conditions : (a) he must have abandoned his domicile in the country from which he has come and have acquired a domicile in the country to which he has removed ; (b) he must have discharged his obligations to the sickness insurance fund in the country which he has left ; (c) he must, within fourteen days after arrival in the other country, in the manner prescribed, show that he was insured in a sickness insurance fund in the country from which he has come by producing a transfer book or transfer certificate from the insurance fund in which he was last insured and apply for transfer to the sickness insurance fund at his new place of domicile. A number of provisions of a practical character are laid down in connection with the form to be adopted for transfer books or transfer certificates, and the time which may be allowed to the person concerned to obtain same. The admission of the member to the new sickness insurance fund shall have effect as from the date on which he arrived in the country to which he has removed. Should there be several sickness insurance funds at the member’s new place of domicile, and should he be entitled to select one of them under the laws and regulations in force, the fund to which he applies shall, provided that his application be made within the prescribed time limit, be obliged to accept it. Any dispute regarding a transfer in connection with the above provisions shall be settled in each case by the authorities who are competent under the legislation of the new country of domicile to determine questions of this nature. FRANCE.—-Cf. in § 1, 6, of the present chapter the Franco-Italian Labour Treaty of SO September 1919 (Article 8) and the Supplementary Agreement of 16-19"February 1920, concerning Alsace-Lorraine. Cf. in subsection c of the present chapter (Social Insurance in General), the Franco-Polish Convention concerning Social Welfare of 14 October 1920 (Article 2) and the Franco-Saar Agreement of 27 May 1926. GERMANY.—^Provisions respecting the sickness insurance of workers reeruited are embodied in the Germano-Polish agreement of 24 November 1927 respecting seasonal agricultural emigration (cf. §1,6, and § 5, c, of present chapter). Similar provisions are also to be found in the Agreements concerning social insurance, concluded between Austria and Germany on 8 January 1926 and between France and Germany on 27 July 1922 (cf. subsection e). ITALY.—Cf. “France”. Also, subsection c, “Italy”, Agreement concluded on 20 July 1925 with the Serb-Croat-Slovene Kingdom. NORWAY.—Cf. “Denmark”. POLAND.—Cf. “France” and “Germany”. SAAR TERRITORY.—Cf. “France”. SERB-CROAT-SLOVENE KINGDOM.—Cf. “Italy”. THE NEGRO TRAFFIC AND THE SLAVE TRADE 229 CHAPTER VIII SPECIAL PROBLEMS In this chapter a large variety of regulations established by international agreement and dealing with migration problems of a special kind will be considered together. For instance, provisions of Conventions for the abolition of different forms of forced emigration will be examined, such as those relating to the international slave trade and the traffic in women and children, and provisions relating to abnormal forms of emigration occurring only occasionally and having a temporary character, like the movements of population resulting from political revolutions or from wars. Further, international regulations will be dealt with relating to migration towards or away from territories placed under a system of administration which causes such regulations to be subject to special conditions, that is to say, territories which are colonies or protectorates of other countries and territories under mandate. Finally, in the last section regulations relating to frontier traffic will be analysed. § 1.—The Negro Traffic and the Slave Trade The earliest treaties of any importance connected with migration dealt with a very special form of it, namely, the forced emigration of African slaves transported from Africa to America and elsewhere. In spite of the special character of this emigration, it seems appropriate to indicate the important results which were obtained in this field by agreement between the Powers. The need for an international agreement for the abolition of the negro traffic was acknowledged at the time of the Treaty of Paris signed on 30 May 1814. The question was again raised 230 SPECIAL PROBLEMS by the British plenipotentiaries at the Congress of Vienna (1815); a Special Committee was appointed to study the question, and as a result of its investigations a Declaration was made on 8 February 1815 expressing a desire on the part of the Powers to co-operate in abolishing the slave trade, but no definite decision or agreement was reached. A new declaration in favour of the abolition of this trade is to be found in an additional article to the second Treaty of Paris of 20 November 1815. Similar declarations were repeated at the Congress of Aix-la-Chapelle in 1818 and that of Verona in 1822. In execution of the above-mentioned agreements, several countries passed legislation on the subject of the slave trade. Apart from this, numerous bilateral agreements which have been concluded since those early multilateral negotiations have contained regulations covering part of the world, for the suppression of the slave trade overseas ; they generally comprise ^ a reciprocal right of search of merchant vessels by the warships of each of the contracting Parties, as well as repressive measures enforceable either by a mixed tribunal or by the law courts of the country under whose flag the seized vessel sails. The earliest convention on this subject * was the Additional Act to the Treaty of 22 January 1815 signed by Great Britain and Portugal on 28 July 1817, which Act was latèr superseded by the Convention of 3 July 1842, modified on 18 July 1871. Other agreements were concluded by Great Britain with Bolivia on 25 September 1840; with Brazil on 23 November 1826; with Chile on 19 January 1839; with Colombia on 2 April 1851; with Ecuador on 24 May 1841 ; with France on 30 November 1881 and 22 March 1883 (Conventions to which Denmark (1834), Sardinia (1834), the Hanseatic Towns (1837), Tuscany (1887) and the Two Sicilies (1838) gavetheiradhesion), and on 29 May 1845 for the abolition of the right of search and the institution of other repressive measures; with Haiti on 23 December 1839; with the Netherlands on 4 May 1818,1 December 1822, 25January 1823 and7FebrUary 1837; with Sweden and Norway on 6 November 1824 and 15 June 1835; with the United States on 7 April 1862, 17 February 1863 and 3 June 1870; with Uruguay on 13 July 1839 ; and with Venezuela on 15 March 1839. Further, on 20 December 1841 a plurilateral Treaty was signed in London between Austria, France, Great Britain, Prussia and Russia, according to which those Powers recognised their reciprocal right of search on board ship in order to suppress the slave trade, and agreed to place the trade in the same category as piracy. The Treaty was not ratified by France. This Treaty is still in force in the case of the States which ratified it. ^ The agreements concluded with the United States are an exception; they never admitted the right of search. 2 Tor detailed information on the subject, cf. : “Actes internationaux et documents relatifs à la législation des pays d’Orient en matière de traite des esclaves en Afrique, présentés à la Conférence réunie à Bruxelles du 18 novembre 1889 au 2 juillet 1890“ (MaeTENs : Nouveau Recueil général des traités, Series II, Vol. XVI, from p. 30 onwards). THE NEGRO TRAFFIC AND THE SLAVE TRADE 231 In 1879 the German Empire was substituted for Prussia in the text of the Treaty by special arrangement. Belgium, moreover, adhered to the Treaty on 24 February 1848. France concluded an identical treaty with Sweden and Norway on 21 May 1836. Finally, provisions relating to the abolition of the slave trade were inserted in more general treaties, such as the Treaty of Amity, Commerce and Navigation, signed by the Argentine Republic and Great Britain on 2 February 1825 (Article 14). Several of these treaties expired through not being renewed at the end of the period of their validity. Others, which were not concluded for a limited period, but the provisions of which fell into disuse on account of the disappearance of the slave trade in the contracting States, were finally denounced by Great Britain in 1921 and 1922. With regard to the traffic by land, treaties were also concluded by Great Britain, first with Egypt on 4 August 1877 and later with Turkey on 25 January 1880 and 3 March 1883. At the African Conference held, in Berlin in 1885 the question of the negro traffic was again brought forward for international consideration. In the Final Act of the Conference, dated 26 February 1885, the signatory Powers exercising sovereign rights or having an influence in territories forming the Congo basin as internationally defined promise to co-operate in suppressing slavery, and particularly the negro traffic. All these Powers undertake to use all means in their power to put an end to the slave trade and to punish those who engage in it. They declare that the slave trade is prohibited, in conformity with the principles of international law, and that operations by means of which slaves for the trade are furnished by land or by sea are equally to be considered as prohibited, the territories forming the Congo basin are neither to be used as a market, nor as a transit route for any trade in slaves of whatever nationality. The supervision of the enforeement of the principles proclaimed by the Declaration is confided to the International Committee on the Navigation of the Congo. In 1888 an inspection zone on the coasts of Zanzibar and Mozambique was jointly instituted by Germany, Great Britain, the Netherlands and Italy with reciprocal rights of search. France refused to allow vessels flying the French flag to be searched by the cruisers of other nations, but effectively co-operated in the inspection by sending a cruiser for the special purpose of inspecting vessels under the French flag. In May 1889, the Belgian Government approached several Powers with a view to organising a Conference for the flnal abolition of slavery and the slave traffic. This Conference met at Brussels on 16 November 1889 and sat until 2 July 1890. The Brussels Conference brought together representatives of the States which had participated in the Berlin Conference on African Questions of 1885 and also those of the Congo Free State. 232 SPECIAL PROBLEMS The general Act of this Conference contains provisions of various kinds regarding steps which each Government should take with a view to preventing the slave trade in regions where it takes its rise (exportation countries) as well as along caravan routes where slaves are carried by land, on board vessels plying the slave trade, and in countries towards which the trade is directed (importation countries). The treaties for the suppression of the slave trade already in existence between various Powers, which instituted the right of search, are maintained, but their application is restricted to a limited zone determined by the Act. The boundary line of this zone starts from Baluchistan, passes along the coasts of the Indian Ocean, including the Persian Gulf and the Red Sea as far as Cape Tangalane (Quilimane) ; beyond this cape it passes round the island of i^dagascar, returns to the coast of Baluchistan and passes 20 miles wide of Cape Raz el Had. Other provisions are concerned with the protection to be extended to fugitive slaves both on land (Article 7) and on board warships (Article 28). The signatory Powers undertake to establish special offices at the principal stations along the overland routes and in the ports of the zone within which the right of search is instituted, in order to effect the liberation of such fugitives and to secure their protection (Article 86). Further, in a supplementary declaration it is agreed that the Powers may impose a special tax on imported merchandise for the purpose of defraying the costs entailed by measures for the abolition of the negro traffic. The same agreement provided for the institution of an International Maritime Office at Zanzibar, where officers commanding cruisers engaged in the search of vessels might obtain any information required by them. The Powers undertook to communicate to each other documents and information relating to the slave trade, and the exchange of this information was to be co-ordinated by an office established in Brussels and attached to the Belgian Ministry of Foreign Affairs, the original members of the office being the Governments signing and adhering to the Act of the Conference (Articles 74 to 85). These institutions were created in 1892 and the office at Brussels is known as the “Office for the Suppression of the Slave Trade”. Multilateral negotiations for the abolition of the slave trade throughout the world were reopened after the war of 1914-1918, and resulted in a further Convention—which revised the Berlin General Act and the Brussels General Act and Declaration; it was signed at St. Germain-en-Laye on 10 September 1919. This Convention is open to the adhesion of all States exercising authority over African territories and to all States Members of the League of Nations which were parties to the Acts of Berlin and Brussels. The provisions of the 1919 Convention are substituted for the provisions of the Conventions of 1885 and 1890 in the case of all Powers which are parties to it. According to the terms of the Convention of 1919, the Powers exereising sovereign rights or authority in African territories will continue to watch over the preservation of the native populations, and will endeavour to secure the eomplete suppression of slavery in all its forms and of the slave trade by land and sea. The constituting Acts of several territories under mandate also SUPPRESSION OF THE TRAFFIC IN WOMEN AND CHILDREN 233 contain clauses relating to the abolition of slavery and of the slave trade (cf. § 4 of this chapter). In 1925 the League of Nations undertook an enquiry into the question of the abolition of slavery. The multilateral Convention passed as a result of this enquiry on 25 September 1926 is intended to supplement the preceding Conventions of 1885, 1890 and 1919. The first Article defines the slave trade as including all acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery ; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged, and, in general, every aet of trade or transport in slaves. According to the provisions that follow, the contracting Parties undertake, each in respect of the territories placed under its sovereignty, jurisdiction, protection, suzerainty or tutelage to prevent and suppress the slave trade ; to adopt all appropriate measures with a view to preventing and suppressing the embarkation, disembarkation and transport of slaves in their territorial waters and upon all vessels flying their respective flags and to negotiate as soon as possible a general Convention with regard to the slave trade which will give them rights and impose upon them duties of the same nature a§ those provided for in the Convention of 17 June 1925, relative to the International Trade in Arms, the ships, even of small tonnage, of any contracting Parties not being placed in a position different from that of the other contracting Parties. Further the Parties agree to take all necessary measures to prevent compulsory or forced labour from developing into conditions analogous to slavery and where such compulsory or forced labour is still allowed to exist under the terms of the Convention, the condition is imposed that labourers are not to be removed from their usual place of residence. Further, the Convention of 1926 leaves the contraeting Parties entirely free to conclude between themselves, without, however, derogating from the principles laid down by it, such special agreements as, by reason of their peculiar situation, might appear to be suitable in order to bring about as soon as possible the complete disappearance of the slave trade. § 2.—The Suppression of the Traffic in Women and Children The first International Conference on this question took place in 1899. As a result, an International Office for the Suppression of the Traffic in Women and Children was created. Later, on the suggestion of France, a Diplomatic Conference was held, which on 25 July 1902 adopted a draft Convention, a draft Final Protocol and draft provisions aiming at the suppression of the criminal traffic of procuring women and girls for the purpose of prostitution and at the protection of its victims. A formal agreement on the subject was signed in Paris on 18 May 1904. In this agreement the contracting Parties undertake : to establish an authority charged with the co-ordination of all information relative to the 234 SPECIAL PROBLEMS white slave traffic; to have a watch kept for persons in charge of women and girls destined for an immoral life ; to have the declarations taken of women or girls of foreign nationality who are prostitutes, in order to establish their identity and civil status and to discover who has caused them to leave their country ; to send hack to their country of origin those women and girls who desire it, or who may be claimed by persons exercising authority over them ; to entrust the victims of a criminal traffic when destitute to charitable institutions or to private individuals. Finally, the contracting States undertake to exercise supervision over the offices or agencies engaged in finding employment for women or girls abroad. In 1910 a further Conference met at Paris to reconsider the draft Convention and Final Protocol of 1902. As a result of this Conference, an International Convention and Final Protocol were signed on 4 May 1910. The Convention of 1910 declares it to be a punishable offence—even when different stages of the act are perpetrated in different countries—to take away, entice or abduct a woman or a girl not yet of age, even with her consent, or a woman or a girl who has attained her majority, by fraud or violenee, threats, abuse of authority or any other method of coercion, for purposes of immorality. Each contracting Government undertakes moreover to propose the necessary amending Bills before Parliament in cases where existing legislation does not suffiee for the suppression of sueh offenees. Violations of the law shall be followed by extradition. For the purpose of punishment of sueh violations of the law the Final Protocol of the Convention fixes a uniform figure of twenty completed years of age as the age at which the vietim attains her majority in all countries. A further International Conference was called in 1913. This Conference voted certain recommendations, but owing to the war full effect was not given to its decisions. The Peace Treaties of 1919 and 1920 have entrusted the League of Nations with the general supervision of agreements relating to the traffic in women and children {Article 23 of the Treaty of Versailles). The Assembly of the League of Nations at its sitting of 15 December 1920 decided that a questionnaire should be drawn up by the Secretariat and circulated to Governments, and that the Council should invite countries that had signed the Conventions of 1904 and 1910 and of Governments that had adhered to those Conventions to send representatives to an International Conference. This Conference met at Geneva on 30 June 1921. Its Final Act contains several resolutions, the majority of which —in accordance with a resolution of the Second Assembly—were drawn up with precision so as to serve as Articles of a multilateral international Convention, supplementary to the Agreement of 18 May 1904 and to the Convention of 4 May 1910, which supplementary Convention was left open for States Members SUPPRÉSSION OF THE TRAFFIC IN WOMEN AND CHILDREN 285 of the League of Nations to sign from 30 September 1921 to 31 March 1922 and, on the invitation of the League, to the adhesion of other Powers. The Convention of 1921 obtained thirty-three signatures. In it the contracting States undertake, in the event of their not being already Parties to the agreements of 1904 and 1910, to transmit with the least possible delay their ratifications of or adhesions to those instruments. They agree to take all measures to discover and prosecute persons who are engaged in the traffic in children of both sexes with a view to securing the punishment of attempts to commit and acts preparatory to the commission of the offences specified in the Convention of 1910, also to extradite persons accused or convicted of those offences. The age at which majority is attained is raised to twenty-one completed years of age. The contracting Parties again agree to take legislative or administrative measures regarding licensing and supervision of employment agencies and offices, and to prescribe such regulations as are required to ensure the protection of women and children seeking employment in another country. In Article 7 which specially concerns migrants, the contracting Parties undertake, in connection with immigration and emigration, to adopt such administrative and legislative measures as are required to check the traffic in women and children. In particular they undertake to make such regulations as are required for the protection of women and children travelling on emigrant ships, not only at the points of departure and arrival, but also during the journey, and to arrange for the exhibition, in railway stations and in ports, of notices warning women and children of the danger of the traffic and indicating the places where they can obtain accommodation and assistance. The International Conference of 1921 further voted resolutions proposing, on the one hand, that Governments should furnish the League of Nations with a yearly report on measures taken or proposed by them with a view to suppressing the traffic in women and children, and on the other hand that the League of Nations should appoint a Consultative Committee for the examination of those problems. The Conference also passed a resolution inviting the competent international organisations to come to an agreement among themselves for the safeguarding of the journey of women and girls deported from a foreign country or rejected on arrival and requested the League of Nations to intervene in order to secure the abolition of individual Or collective deportation of women and children. An appeal was also addressed by the Conference on the White Slave Traffic to the International Emigration Commission, instituted by the International Labour Organisation, which was to meet a few months later in order to impress upon it the importance of drawing up detailed provisions aiming at the suppression of the traffic in women and children, which provisions might later be embodied in an international agreement on emigration and immigration. The Advisory Committee on the Traffic in Women and Children, created as a result of the decision of the 1921 Conference, was subsequently merged in a new organisation : “the Advisory Commission for the Protection and Welfare of Children and Young People”, composed of two committees; one of which is engaged in combating the traffic in women and children, while the other is concerned with the protection of children. These organisations time and again have had to consider regulations regarding 236 SPECIAL PROBLEMS the emigration of women and children in connection with the traffic. The Advisory Committee on the Traffic in Women and Children approved the resolutions concerning the protection of women and children adopted by the International Emigration Committee which met at the International Labour Office in 1921, and has on several occasions submitted various problems relating to forms of emigration presenting opportunities for the traffic, or connected with the protection of emigrant women and children during the voyage, to the consideration of Governments or of the International Labour Organisation; the second of these questions was treated on the lines of the resolutions passed by the Committee, by the Recommendation which was appended to the Convention of the International Labour Conference of 1926 relating to the simplification of inspection on board ship (cf. Chapter V, § 2). The Committee’s attention was particularly drawn to the dangers attending engagements abroad, especially the engagements entered into by theatre and music-hall artistes. This problem was referred to in resolutions passed at several meetings of the Committee. The sixth session (April 1927) drew up the following resolution on the subject : “The Traffic in Women and Children Committee requests that an enquiry should be undertaken by the Secretariat with the assistance of the International Labour Office regarding the methods adopted in the different countries in connection with the material and moral protection of artistes travelling abroad under contracts of employment in music-halls and similar places of amusement. It asks the Council to invite the Governments to supervise the conditions under which girls under eighteen years of age are allowed to go abroad with contracts of employment, and in particular to insist, where necessary, on the strict enforcement of emigration laws and regulations in this matter” At the seventh session of the Committee (March 1928), a questionnaire was drawn up with the object of asking Governments what measures are taken by them for the protection of young artistes employed in musichalls or similar places of entertainment travelling abroad The resolutions of the Traffic in Women and Children Committee relating to the employment of foreign women in licensed houses should further be cited as bearing upon migration questions. 1 League of Nations : C.338, M.113, 1927, IŸ, p. 222. 2 Idem : C.184, M.59, 1928, IV, 15, p. 145. COLONIAL EMIGRATION 237 At its second session (March 1923) the Committee passed a resolution to the effect that, pending the abolition of the system of State regulation, no foreign woman should be employed or carry on her profession as a prostitute in any licensed houses Further, in order to ensure that the deportation of foreign prostitutes may not render their situation even more deplorable, the fourth session of the Committee (May 1925) passed a resolution recommending that before proceeding to the expulsion of a foreign prostitute, the competent authorities in each country should inform charitable organiisations of the measures they are intending to take in order that these associations, while respecting the principle of personal liberty, might be in a position to interest themselves in the expelled person, to endeavour to provide her with other means of existence and to give her every support and assistance. For this purpose, these associations were asked to take all necessary measures to enter into communication with similar associations in the country to which the expelled person is proceeding. The Committee further recommended that any associations which might be prepared to take up this work should inform the competent authorities of their intentions, in order that the latter might, should occasion arise, be able to communicate with them in good time *. § 3.—Colonial Emigration The international regulation of emigration in colonies and protectorates presents, some special features. The fact that such regulations have to be enforced in countries that are not selfgoverning gives rise to problems varying according to the nature of the colony’s political relations with its mother country. In protectorates where a native system of government and a colonial administration exist side by side, the agreement come to between the two governing powers with regard to the international regulation of emigration and immigration is already in some respects in the nature of an international understanding. Further, within colonial Empires, there exist movements of population from one part of the Empire to others which are frequently regulated by means of agreements between the various countries concerned. Agreements of this kind have been examined in Volumes I and II as forming part of national regulations, but in the case in point regulations are made by means of agreements which are intermediary between regulations initiated by national legislatures and those instituted by international agreement, but on the whole most closely approach the latter. Instances of such agreements most nearly approaching to 1 Leaöüe of Nations ; C.225, M.129, 1923, IV, p. 76. 2 Idem : C.382, M.126, 1925, IV, p. 121. 238 SPECIAL PROBLEMS international treaties are furnished by the British Empire, owing to the almost complete autonomy of certain of the countries composing it. As a result of the Emfire Settlement Act of 1922 in Great Britain, numerous agreements have been concluded on the subject of the assisted emigration of inhabitants of Great Britain towards dominions capable of absorbing a certain part of the mother country’s surplus population. An agreement relating to the repatriation of Indians was negotiated between South Africa and India in 1927. It is referred to in this volume (cf. Chapter IV, § 2, and Chapter V, § 5). The emigration of Indians has also been the subject of less formal agreements between the Indian Government and the Governments of colonies to which such emigration is authorised, their purpose being to co-ordinate Indian legislation with that of the colonies concerned : Ceylon, the Malay States and the Straits Settlements. In other colonial empires similar instances of intercolonial regulations occur. For instance the agreements analysed in Volumes I and II, by means of which the Portuguese colony of St. Thomas and Principe secured the recruitment of the agricultural labour required for its plantations in the Portuguese colonies of Angola, Mozambique and Cape Verde, should be called to mind. Without resorting to formal conventions, the Governments of the Dutch colonies have also been able to organise, by means of reciprocal agreements, the regular emigration currents which flow between the East and West Indies and partieularly from Java to Surinam. International treaties proper dealing with countries administered by other States also exist. Instances of such treaties are furnished on the one hand by agreements relating speeially to a particular dependency, and on the other by agreements seeuring the enforcement of treaties concluded by the mother country or of multilateral eonventions to which that State is a party, in the various regions of a eolonial empire. As regards the flrst eategory—speeial treaties regulating the emigration of inhabitants of a colony or protectorate or on the other hand immigration into, or settlement of, a particular colony or protectorate—several treaties analysed in other chapters should be ealled to mind. Thus in Chapter VII (§ 1) several very important treaties regulating the exchange of labour are COLONIAL EMIGRATION 239 dealt with : in Africa the treaty organising the emigration for the purpose of their work of natives of Mozambique to South Africa, the French colonies and Southern Rhodesia : the treaty securing workers from Liberia for the Spanish colony of Fernando Po, or again the treaty regulating reciprocal emigration movements between the Belgian Congo and Liberia or the Ivory Coast and Liberia. In Asia arrangements have been made to facilitate the emigration of natives of the Dutch East Indies towards the French colonies and certain British possessions. The general conditions of residence in colonies, and protectorates have also been defined by special agreements. The residence of German nationals in French dependencies was regulated in the Final Protocol of the commercial treaty concluded between Germany and France on 17 August 1927. The addendum to Articles 42-44 stipulates that, as regards the admission of German nationals to French colonies, and their residence therein, the French Government shall not take any measures discriminating against them; it promises most-favoured-nation treatment to German nationals to Whom permission to settle has been or shall be given, on condition that they observe the laws of public order and security, as well as other local legislation. At the same time the Parties provisionally agree that these provisions shall not apply to Indo-China. As regards the protectorates, the French Government promises to recommend to the Government of Tunis not to make any discrimination against German nationals in the matter of their admission to and residence in Tunis, and to grant to German nationals residing in Tunisian territory the enjoyment of rights which are granted to the nationals of the various Powers; piovisions relating to Morocco deal only with mercantile vessels and customs regulations. This treaty recalls the fact that as regards residing in territories under a French mandate, Germans enjoy the advantages secured by the provisions of the Pact and by the terms of the mandate to all inhabitants of States Members of the League of Nations. Reference should also be made once again to the Treaty of 28 September 1896 between France and Italy relating to the residence of Italians in Tunis and of Tunisians in Italy, to the Franco-Italian Declaration of 28 October 1912 concerning the mutual relations of the two countries in Libia and Morocco and to the Hispano-Italian Declaration of 4 May 1919 on the same subject; the Commercial Treaty of 25 April 1886 between China and France containing provisions for the residence of Chinese in Annam and of Annamites in China (Articles 4 and 16), and the Protocol on Residence signed by France and Japan on 30 August 1927, which regulates the residence of Japanese in ludo-China. 240 SPECIAL PROBLEMS A fair number of treaties also deal with the residence in Egypt of nationals of different countries. These different treaties are referred to in Chapter VI. The enforcement of treaties concluded by the colonising Powers, and of the multilateral conventions to which they give their adhesion, constitutes a very complicated problem which cannot be studied in detail here; the situation varies with the political constitution of each country. On the whole, it appears to be a general rule that treaties are oidy applied to colonial possessions where such enforcement is expressly provided for by the treaty. In the course of this work there has been occasion to refer to several bilateral treaties the scope of which has been extended to cover countries that are dependencies of one of the contracting Parties, in virtue of one of the Articles in the treaties. The contrary is also sometimes the case, that is to say, a treaty may contain a provision expressly stipulating that it will not be enforceable in the colonial possessions of the Parties; an example of this is the Franco-Italian Labour Treaty of 80 September 1919. But it also sometimes happens that the provisions of a treaty are extended after its conclusion to cover certain countries which are dependencies of one of the contracting Parties, in virtue of an agreement between these Parties. By means of such agreements, the whole of the relations previously established by treaty between the two States may all at once be extended to cover a particular zone. Thus, for instance, a Declaration made by France and Italy in 1916 extended all Franco-Italian treaties to Morocco. A similar agreement signed by Spain and Switzerland on 4 August 1926, extended all treaties and conventions in force between Spain and Switzerland to the Spanish zone in Morocco, including the Residence Treaty of 14 November 1879, which in consequence governs the residence of Swiss citizens in that zone. As a rule, contracting States when ratifying or adhering to multilateral treaties define the scope which they intend their provisions to have with regard to territories governed by them. On this subject, the rule laid down by Article 421 of the Treaty of Versailles and the corresponding Article in the other Peace Treaties, with regard to the enforcement in colonial empires of COLONIAL EMIGRATION 241 Conventions adopted by the International Labour Organisation, are of importance. The Article in question states that “the Members of the International Labour Organisation undertake to apply Conventions which they have ratified to their colonies, protectorates and possessions which are not fully self-governing with the following reservations ; (1) except where owing to the local conditions the Convention is inapplicable; (2) subject to such modifications as may be necessary to adapt the Convention to local conditions. Each of the Members shall notify to the International Labour Office the action taken in respect of each of its colonies, protectorates and possessions which are not fully self-governing”. All Labour Conventions contain a clause according to which the Parties undertake to secure such application with the above-mentioned reservations. The situation of the British Empire in respect of the effect given to treaties and conventions within the Empire is exceedingly complicated, as a result of the different degrees of autonomy enjoyed by the different parts of that Empire and the latitude left to them in the matter of negotiating and signing separate treaties, of ratifying treaties concluded by G reat Britain in their own name or of individually adhering to multilateral conventions. It should be called to mind in this connection that the considerations which are normally to govern the political activity of the Empire in the matter of foreign relations have been recently defined by the Imperial Conferences of 1923 and 1926 The stage of development reached by territories placed under the tutelage of another State further influences the type of treaty which is concluded respecting such territories. When the population of such countries has not attained the same degree of civilisation as European populations, it sometimes happens that the nationals of European States are placed, as regards the conditions of their residence, on a footing of equality not with the inhabitants of the country itself, but with the nationals of the colonising Power. Some examples of such regulations have been quoted in § 1 of Chapter VI. Further, in order to apply common principles in their respective colonies with a view to promoting the well-being of the populations placed under their care, the colonising Powers possessing African colonies have concluded an agreement, of which the provisions were inserted in the Final Act of the African Conference at Berlin in 1885. ï Imperial Conference, 1923 : Summary of Proceedings, Nov. 1923, from p. 13 onwards. -— Idem, 1926 : Summary of Proceedings, Nov. 1926, fromp. 20 onwards. 16 I 242 SPECIAL PROBLEMS The Convention signed at St. Germain-en-Laye on 10 September 1919 with the object of revising and completing the general Act of Berlin of 1885 and the Brussels Act of 2 July 1890 has finally, in Article 11, established the. following provisions ; The Signatory Powers exereising sovereign rights or authority in African territories will continue to watch over the preservation of the native populations and to supervise the improvement of the conditions of their moral and material well-being. They will protect and favour, without distinction of nationality or of religion, the religious, scientific or charitable institutions and undertakings created and organised by the nationals of the other Signatory Powers and of States Members of the League of Nations which may adhere to the Convention, which aim at leading the natives in the path of progress and civilisation. Scientific missions, their property and their collections shall likewise be the objects of special solicitude. Freedom of conscience and the free exercise of all forms of religion are expressly guaranteed to all nationals of the Signatory Powers and to those under the jurisdiction of States Members of the League of Nations which may adhere to the Convention. Missionaries shall have the right to enter into and to travel and reside in African territory with a view to prosecuting their calling. The application of those provisions shall be subject only to such restrictions as may be necessary for the maintenance of public security and order, or as may result from the enforcement of the constitutional law of any of the Powers exercising authority in African territories. Bilateral treaties have subsequently extended the rights and advantages granted to nationals of the Signatory Powers to the nationals of Powers that were not parties to the Convention, as regards certain territories. For example, the Declaration by France and Switzerland of 18 May 1922, regulating the position of Swiss nationals in French Equatorial Africa may be quoted, the Convention regulating the position of Swiss nationals in the Belgian Congo concluded by Belgium and Switzerland on 16 February 1923, and the provisions inserted by Great Britain and Italy in the Treaty of 15 July 1924 fixing the boundaries of their respective territories in Africa, which institutes the same rights for Italian subjects as regards Zanzibar. A study is being made at the present moment by the International Labour Office. It aims at the conclusion of an International Convention instituting regulations relating to the treatment of native workers particularly as regards labour contracts, which regulations are to be applicable to subjects of foreign colonies. Further reference should be made to the very special case provided by the regulation of the recruitment of natives of the New Hebrides. Owing to the joint administration of the islands by Great Britain and France, these regulations were made by agreement between these two Powers. Here, therefore, there is no question of an agreement with regard to migration to and COLONIAL EMIGRATION 243 from the territories of the two contracting States, but of a kind of legislation relating to migration and labour, enacted jointly by two Powers administering one country. The first Convention for the purpose of laying down rules for this joint administration was signed by France and Great Britain on 20 October 1906. A protocol dated 6 August 1914 introduced certain modifications. According to the new regulations a recruiting licence issued by the Resident Commissioner representing the Signatory Power under whose flag the vessel in question is sailing is required for persons desiring to reeruit native labourers. In the case of professional recruiters, the recruiting licence is only issued on the deposit of £80 as security. Recruiting licences are valid for one year only. Any recruitment of natives by means of fraud or personation or false assertion of oiflcial authority, or by means of immoral indueements, or by the abuse of the needs, weakness, or passions of the natives or by the öfter of alcoholic liquors or of prohibited arms or ammunition, shall be punishable. Every master of a ship shall be bound to present himself before the agent of the Power of which he is a dependant before leaving a district in which he has recruited any native labourers accompanied by the natives recruited by him. The agent must satisfy himself that recruitment has been carried out in accordance with regulations, and in particular that the natives fully understand the meaning of their engagement and are physically fit. Should the agent consider that all the necessary conditions have not been fulfilled in the case of any native recruited, the native must be repatriated at the expense of the recruiter. The two Resident Commissioners acting conjointly may prohibit or restrict recruiting in the whole or part of any island or islands for such period as they may consider such prohibition or restriction necessary (Article 31). Every master of a recruiting vessel must keep a register of engagements. Married women can only be engaged with their husbands or in order to join their husbands if the latter have been engaged previously. Unmarried women can only be engaged with the consent of the Head of the Tribe and of the agent of the administrative district, or, if there be no agent, of the French or British Inspector of Labour, according to the law applicable to the recruiter. Children can only be engaged if, in the opinion of the Resident Commissioner or of the agent concerned, they appear capable, having regard to their age or physical development, of carrying out the work for which they are engaged (Article 33). No engagements are to be concluded for more than three years; they date from the day on which the labourer lands in the island where he is to be employed, but the time spent on board ship by the labourer shall count for wages (Article 34). The regulations lay down the formalities to be observed in case of the death of a person recruited. A native recruited who, on landing, is found to be in a state of health such as to incapacitate him for his work shall be cared for at the expense of the recruiter, and the time spent in hospital and the time during which he is unable to work shall be included in the term of engagement (Article 36). A recruiter who is acting as an agent for other persons cannot divest himself of his responsibility for the natives whom he has engaged until the signature of the employer has been affixed to the register of engagements, which must be kept by every captain of a recruiting vessel. This register has to be inspected and verified by the competent authorities (Article 38). Every engagement of a native labourer is to be notified by his employer 244 SPECIAL PROBLEMS within three days from the date of landing ; at the termination of the period of his engagement the labourer is not to enter into a fresh engagement without an authority in writing from the competent Resident Commissioner or his substitute. This authority is only to be given after the native has been examined in the presence of the employer, two non-native witnesses and two native witnesses, selected as far as possible from the same tribe as the labourer, and if the latter, of his own free will, declares that he wishes to re-engage for a term not exceeding one year. It is to be renewable on the same conditions (Articles 39 and 40). Every employer must keep an individual engagement book up to date containing the conditions of employment for each labourer in his service. The days of absence from work on account of illness are entered in the record by the employer and also any other days of absence (Article 41). Time lost through absence without good cause is added to the term of the engagement. A labourer may further be retained after his term of engagement expires as a punishment for breaches of discipline for which he has been duly sentenced, but the additional period is not to exceed two months for each year of engagement (Article 42). Transfers of a contract of engagement must be freely accepted by the labourer and authorised by the competent authority. Employers must treat their labourers with kindness and supply them with sufficient food, according to the custom of the country, including rice, at least once a day, as part of their meals. They must further provide their employees with shelter, clothing, and medical care in case of illness (Articles 43-46). Labourers cannot be obliged to work except between sunrise and sunset and must have at least one clear hour of rest at the time of their midday meal. Except for domestic duties and the care of animals, labourers cannot be obliged to work on Sundays. Wages are to be paid exclusively in cash, payments must be made either before the competent authority or in the presence of two non-native witnesses, who must sign the labourer’s engagement book; the employer must also sign it. Part of the wages may be deposited by the employers with the competent authority to be paid subsequently to the labourer on demand, either during the term of engagement or at the expiration of such term (Articles 45-47). Any labourer who has given just cause of complaint may be punished by the competent authority. No one is to employ in his house or take on board any vessel a labourer who has left his employer without permission {Articles 48 and 49). Every labourer who has completed his term of engagement and who has not entered into a fresh engagement is to be returned to his home at the expense of the employer. He must be taken back to the actual place where he was recruited, or if this is impossible to the nearest place. In the case of unjustifiable delay exceeding one month, the competent authority is to provide, at the expense of the employer, for the return of the labourer to his home (Article .59.) In case of persistent ill-treatment, the competent authority has the right to cancel the contract and repatriate the labourer at the expense of the employer. This may also be done if the labourer did not freely consent to the engagement, or if he did not clearly understand its terms. In that case the expenses of repatriation shall be borne by the recruiter or employer. The names of labourers returned to their homes are entered on a register kept by the master of the vessel conveying them in a similar form to the register of workers engaged. The signature of the employer upon the register shall be proof that the labourer to be repatriated has been handed over to the master of the vessel (Articles 50 and 52) The competent authority has the right to conduct all enquiries regarding the recruitment and engagement of native labourers. Any complaints which a native may wish to make to the administrative authorities are to be addressed to the Resident Commissioner of the Power of which the employer is a dependant (Article 54), MIGRATION UNDER THE MANDATORY SYSTEM 245 Non-natives may employ natives without restriction, provided that they are not engaged for more than three months and are not removed to an island more than ten miles from the island of their tribe. This provision does not apply in the case of natives who are known to have served non-natives for at least five years, and who can easily make themselves understood in a European language or in the vernaeular in use between non-natives and natives (Artiele 55). The agreement finally lays down the penalties corresponding to breaches of the provisions described, with a view to securing the enforcement of the provisions of the Convention relating to the employment of native labour. It is provided that the two French and British Resident Commissioners may appoint inspectors of labour, who ate to supervise the employment of native labour on the plantations and properties of nationals of the two Powers. § 4.—Migration under the Mandatory System The mandates conferred by the Council of the League of Nations on Powers assuming the responsibility of administering the territories placed in their charge in conformity with Article 22 of the Treaty of Peace comprise undertakings on the part of the mandatory Powers towards the League of Nations of an international kind and which resemble treaties. Some of these undertakings relate to conditions of residence in the territory under mandate and to other matters connected w ith the regulation of migration. As a result, although the mandatory Power can pass legislation to regulate immigration, and though a large number of laws and regulations relating to this subject have in fact been framed (see Volumes I and II of the present work), the Powder must nevertheless, when drawing up such regulations, conform to the conditions imposed in its marídate. These conditions vary slightly in accordance with the type of mandate conferred, which in its turn depends on the stage of development reached by the people inhabiting the territory, the economic conditions and other circumstances. Article 22 of the Peace Treaty defines three principal types generally known as A Mandates (territories detached from the former Ottoman Empire), B Mandates (former German colonies in Africa, with the exception of South-West Africa), and C Mandates (former German colonies of South-West Africa and the Pacific Islands). As regards residence the most detailed provisions are to be found in B Mandates According to the terms of these mandates 1 Cf. Leaoue of Nations : C.449(l)a, M.34I (a), (tí), (c), (d), (e) and ((,) VI. 246 SPECIAL PROBLEMS the mandatory Power shall secure to all nationals of States Members of the League of Nations the same rights as are enjoyed by his own nationals in respect of entry into and residence in the territory, the protection afforded to their person and property, the acquisition of property, movable and immovable, and the exercise of their profession or trade, subject only to the requirements, and on condition of compliance with the local law; the mandatory Power shall ensure to such nationals freedom of transit and navigation, and complete economic, commercial and industrial equality; provided that the mandatory shall be free to organise essential public works and services on such terms and conditions as he thinks just. Concessions for the development of the natural resources of the territory shall be granted by the mandatory, without distinction on grounds of nationality between the nationals of all States Members of the League of Nations. A Mandates, without comprising such detailed provisions regarding conditions of residence on the part of nationals of States Members of the League of Nations, nevertheless contain provisions relating to equality of treatment as between nationals of States Members of the League of Nations and nationals of the mandatory Power, particularly in matters concerning taxation, commerce or navigation, the exercise of industries or professions, the treatment of merchant vessels or civil aircraft, and the freedom of transit ; further, the mandatory shall adhere on behalf of the Administration of Palestine to the International Convention respecting freedom of transit and navigation as well as to other conventions already existing, or which may be concluded with the approval of the League of Nations, respecting some matters specially enumerated. The French mandate for Syria and Lebanon ^ also contains the^ clause quoted above relating to concessions for the development of natural resources without distinction of nationality between nationals of all States Members of the League of Nations. A Mandates taken as a whole also establish equal rights between nationals of States Members of the League of Nations in the matter of excavations and archaeological research. C Mandates *—-in virtue of which a mandatory has full power 1 Cf. League of Nations : C.528, M.313, 1922, VI. 2 Cf. IDEM : 21/31/U, A. B. C. D. and E„ VI. MIGRATION UNDER THE MANDATORY SYSTEM 247 of administration over the territory confided to him as an integral portion of his territory—do not comprise any obligation relating to the residence of nationals of States Members of the League of Nations. But, like the mandates in the other two series, they contain provisions which aim at facilitating the zvork of religious and charitable missions without distinction of religion or nationality, subject to the maintenance of public order and public morals. B Mandates, which are specially definite on that subject, ensure that all missionaries who are nationals of States Members of the League of Nations shall be free to enter the territory and to travel and reside therein, to acquire and possess property, to erect religious buildings and to open schools. The British Mandate for Palestine ^ is of special interest from the point of view of migration, as one of the objects of the mandate is to put into effect the declaration made by the British Government, and adopted by the chief Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country. With this object the mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home and the development of self-governing institutions, and also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion (Article 2). According to Article 6, the Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions, shall encourage close settlement by Jews on the land, including State lands and waste lands not required for public purposes, in co-operation with a Jewish agency referred to in Article 4—^the Zionist Organisation—whose rôle it is to advise and co-operate with the Administration in such economic, social and other matters as may affect the establishment of the Jewish national home and the interests of the Jewish population in Palestine. According to Article 7, moreover, the Administration of Palestine 1 Of. League op Nations : C.529, M.314, 1922, VI. 248 SPECIAL PROBLEMS shall be responsible for enacting a nationality law so framed as to facilitate the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine. Further, in all three types of mandates, stipulations relating to the suppression of the slave trade are encountered. While A Mandates merely impose an obligation on the mandatory to adhere to any international agreements in respect of the slave trade already existing, the mandates in the other two groups, which are concerned with territories where the danger of the trade is more acute, lay down in greater detail the obligation on the part of the mandatory to secure the suppression of all forms of the slave trade and the prohibition of forced labour except in certain specified circumstances. It should finally be noted that States non-Members of the League of Nations, and especially the United States and Turkey, have concluded treaties with several of the mandatory Powers for the purpose of extending to their nationals the advantages with regard to residence which these Powers under the terms of their mandates must confer on the nationals of States Members of the League of Nations. § 5.—The Miération of Refugees, Optants, Persons Exchanged, etc. Civil and international wars have always been a cause of abnormal population movements, but the wide extent of the last war, which was further complicated by several revolutions, and the profound modifications wrought by it in the political texture of Europe, have caused these movements to assume unheard of proportions and to continue for a considerable period after the cessation of hostilities. The shifting of populations which took place at that time has created a whole series of different problems, of an eminently international order, and in their solution the method of international agreement has had to be adopted. To those problems which have already been solved only a passing reference need be made ; such as the repatriation of prisoners of war and of civilian hostages, which question has been the object of numerous provisions inserted either in the Peace THE MIGRATION OF REFUGEES, OPTANTS, ETC. 249 Treaties, in speeial agreements or even in multilateral agreements concluded under the auspices of the League of Nations. This work has now come to an end. But other movements of population are not yet completed or have left practical difficulties in their wake which have to be settled by international agreement. Some of these agreements at the present moment are still in process of execution or even in course of preparation. Attention will be directed to three problems in particular : the question of refugees, the problem of options for particular nationalities, and the exchange of minority populations. (a) Refugees The need for arriving at a satisfactory solution with regard to the problem of refugees driven from their homes as a result of the war, the Russian Revolution and the troubles which continued to disturb the Near East for several years after the war came to an end, was an extremely urgent one. The precarious situation of these unfortunate people who were uprooted from their homes has led to a series of international agreements, the end of which does not yet seem in sight. The countries (Baltic States, Germany, Austria, Greece, Turkey, Bulgaria, Rumania, Poland, Serb-Croat-Slovene Kingdom,Czechoslovakia, China, Syria) which, on account of their geographical situation, received the bulk of the political refugees were not capable of absorbing more than a part of them. The floating mass of these unfortunate people, most of them without any means of support, threatened to bring about an economic and social catastrophe, of which it was impossible to foresee the international repercussions. To this consideration another one, prompted by a sense of justice was added; it was impossible to leave countries which, from motives of hospitality, had saddled themselves with a burden beyond their strength with the task of resolving a situation, the causes of which were extremely complex and the responsibility for which was obscure. The Council of the League of Nations, therefore, so as to solve the problems presented by the presence of refugees through co-ordination of the efforts of different Governments, decided in June 1921 on the creation of a High Commissariat, and since that date the League of Nations has continued to examine these 250 SPECIAL PROBLEMS questions, thus undertaking an extremely important philanthropic work. These efforts of the League are concerned on the one hand with Greek, Turkish and Bulgarian refugees driven from their homes by the war or returned to their homes in virtue of the Greco-Bulgarian and Greco-Turkish Conventions on the exchange of populations (see below, pp. 255-257), on the other hand with Russian, Armenian, Assyrian, Assyro-Chaldean, Syrian and Kurdish refugees. The problem of the assistance to be rendered to these refugees presented a financial and a judicial aspect. Financial Organisation With regard to the financial side of the question, several agreements are to be noted : in the first place, the League of Nations and the High Commissariat for Refugees have played a most important part in the measures taken with the object of furnishing immediate assistance in the matter of transferring refugees and of providing for their provisional settlement, though no formal treaties can be quoted in this connection. In order to procure the necessary resources for the settlement of these refugees, different methods were adopted. The settlement of the Greek refugees was effected by means of the organisation created as a result of the protocol signed by Greece under the auspices of the League of Nations on 29 September 1923. In this protocol Greece promises the League of Nations to establish a Refugees Settlement Commission with the object of assisting the refugees on that country’s territory to find occupations capable of providing them with their means of livelihood. The Hellenic Government undertook to assign to that Commission 500,000 hectares of land suitable for this purpose in regard to both its character and situation and to raise a loan or loans not exceeding £6,000,000, the revenues of which were to furnish the resources required by the Commission. The Organic Statute of the Greek Refugees Settlement Commission, annexed to the protocol, stipulated that the Commission was established as a legal person, should not be dependent upon any Greek executive or administrative authority, but should be completely autonomous in the exereise of its functions. The Commission was to be composed of four members; two Greek members appointed by the Hellenic Government, with the approval of the Council of the League of Nations, one member appointed by the Council of the League of Nations and a fourth member who was to be the Chairman of the Commission and must be a national of the United States of America representing the relief organisations. The Commission receives and holds in full ownership the lands which the Hellenic Government undertakes to transfer to it for the settlement of refugees. In an Additional Act dated 19 September 1924 THE MIGRATION OF REFUGEES, OPTANTS, ETC. 251 it was laid down that the Commission might also utilise other lands, speeifled in the Act, for the settlement of refugees, the rights ovei which were to be secured by other means (perpetual lease, etc.) and especially lands which formerly belonged to Turks, liberated as a result of the Convention on the exchange of Greek and Turkish populations, as soon as those lands had been assigned to the Commission by the Hellenic Government and even before de jure ownership had been acquired. The Refugee Settlement Commission communicates every three months a report upon its operations to the Hellenic Government and to the Council of the League of Nations and simultaneously publishes such report ; further, it annually publishes and forwards to the Council of the League of Nations audited accounts of its income and expenditure. The financial administration of the Commission is placed under the control of the International Financial Commission established by the “Law on International Control”, of 26 February 1898. By a Declaration appended to the Protocol France, Great Britain and Italy empower their representatives on the Commission to assume these new functions. The settlement of refugees in Bulgaria has also led to the conclusion of an international agreement, which establishes an organisation with similar objects but employing rather different methods. The Protocol of 9 September 1926 regulates the conditions under which the League of Nations undertakes to control the issuing of a loan of £2,260,000 by the Bulgarian Government for the settlement on the land of refugees in Bulgaria. This Protocol provides in particular for the appointment of a Commissioner by the League of Nations, to whom the Council of the League of Nations may give all necessary instructions as to the performance of his functions within the terms of the Protocol and the scheme of settlement as laid down in the reports of the Financial Committee of the League of Nations dated 9 June, 23 July and 6 September 1926, approved by the Council. The Commissioner must submit to the Council not less frequently than once every three months reports upon the settlement operations, as well as annual accounts of the expenditure of the settlement loan. Further, trustees representing the interests of the bondholders of the loan are appointed by the Council of the League of Nations to receive payments connected with the service of the loan and to control the reserve fund created to secure regular payments. The Protocol specifies the revenues which the Bulgarian State is to furnish as securities for the loan. It expressly lays down the purpose for which the loan may be used : the supplying to refugees of implements required for their settlement; housing, reclamation of land, improvement of communications and in exceptional cases loans in cash to refugees, but only on terms of repayment. The Bulgarian Government undertakes to centralise all the services and organisations dealing with refugees under one authority. To the central authority so constituted, the execution of the plan of settlement is entrusted after it has been approved by the High Commissioner. The Bulgarian Government further undertakes to provide not less than 132,000 hectares of land suitable for agricultural settlement. As regards the creation of the resources required for the settlement of other classes of refugees—for instance, the Armenian and Russian refugees—in whose case circumstances did 252 SPECIAL PROBLEMS not call for settlement in a partieular area, a different procedure has been adopted. The Arrangement of 12 May 1926 relating to identity certificates for these refugees contains a clause in Article 9 to the effect that, in addition to the fees payable in each country according to national legislation for the issue either of an identity certificate or for an identity card or permis de séjour, a charge of 5 gold francs shall be made for the benefit of the revolving fund created by the League of Nations. This fee is charged, at the discretion of the States, either for the issue of one or other of these documents or for both of them, in order to ensure that the fee shall be paid by all Russian and Armenian refugees, except those who are without means. Relief funds are also furnished by the credits opened by the different Governments for the evacuation of refugees from their territories and by contributions from private societies for the settlement of refugees on the land as farmers (for instance, in fVance, Syria and Erivan) In connection with the settlement of refugees in France the agreement concluded on 21 December 1928 between the High Commissariat of the League of Nations for Refugees and the National Agricultural Credit Fund is of special interest. By its terms the High Commissioner undertakes to guarantee short term and moderate term loans granted by French agricultural mutual credit societies to Russian refugees on whose behalf the High Commissariat applies for a loan, up to a maximum amount of one million francs. Provision is made for co-operation between the Parties for the purpose of securing or facilitating the repayment of the loans made on these conditions to such refugees. Legal Provisions Several international agreements have been concluded for the purpose of solving the legal problems raised by the situation of the refugees. The most urgent problem to be solved was that of identity papers. The possession of a passport, or a document to take its place, was in fact a preliminary condition to any international transfer of the refugees. They either possessed no papers at all or else such papers as they had were not recognised by States or had lapsed. A solution was first of all sought in the case of the Russian refugees. At the suggestion of the French Government, the High Commissioner for Refugees, Dr. Nansen, convened an International Conference, which adopted the text of an agreement, reference to which is made in Chapter IV (§4). This agreement has so far received fifty-one signatures, and in the matter of adhesions holds first place among international agreements concluded under the auspices of the League of Nations. 1 LEAOÜB OF Nations, Conference on Russian and Armenian Rbfuoee Questions : A.29, 1926, VIII, 5 (C.327, 1926, and C.367 (1), 1926), p. 4. THE MIGRATION OF REFUGEES, OPTANTS, ETC. 253 When the practieal value of the identity certificate issued to Russian refugees had been proved, a similar measure was decided on with regard to Armenian refugees of Turkish origin. On 31 May 1924 the Council of the League adopted a draft identity certificate for Armenian refugees. For the purpose of introducing certain improvements proved to be desirable by the experience of several years, a new International Conference was called following a resolution of the Sixth Assembly, which Conference met at the beginning of May 1926. The text adopted by this Conference recommended more especially that return visas should be affixed on identity certificates, valid for return to the country which had delivered the passport. So far, twenty countries have notified their adhesion^. In a resolution adopted at its session of June 1928 the Council of the League of Nations invites the Governments which have adopted the Arrangements of 5 July 1922, 31 May 1924, and 12 May 1926, in favour of Russian and Armenian refugees, to extend the application of those arrangements to Assyrian, AssyroChaldean and Turkish refugees, mentioned in the Report of the High Commissioner for Refugees^. A third International Conference met at Geneva from 28 to 30 June 1928, in accordance with a resolution of the Assembly of the League of Nations, for the purpose of considering various questions bearing on the legal status of refugees This Conference adopted a series of recommendations, the first of which recommends to the High Commissioner to appoint representatives in the greatest possible number of countries rendering the following services, in so far as such services do not lie within the exclusive competence of the national authorities ; (a) certifying the identity and the position of the refugees; (b) certifying their family position and civil status, in so far as these are based on documents issued or action taken in the refugee’s country of origin; (c) testifying to the regularity, validity and conformity with the previous law of their country of origin, of documents issued in such country; (d) certifying the signature of refugees and copies and translations of documents drawn up in their own language •, (e) testifying before the authorities to the good character and conduct of the individual refugee, to his previous record, to his professional qualifications and to his university or academic standing; (j) recommending the individual refugee to the competent authorities, particularly with a view to his obtaining visas, permits to reside in the country, admission to schools, libraries, etc. The above-mentioned representatives shall be appointed and shall act in agreement with the Governments concerned. In countries in which persons or bodies already 1 League op Nations : A.29, 1926, VIII, 5 (C.377, 1926, and C.367 (1), 1926), p. 3. “Idem: A.33, 1928, VIII, 6, p. 2. 3 Idem : ibid., pp, 2 and 3. 254 SPECIAL PROBLEMS act unofficially in such a capacity, the High Commissioner may utilise their services. Each Government shall be free to decide whether documents issued by such representatives may be recognised as ha'idng an official character. It is recommended in any case that the Governments shall take the greatest possible account of such documents and that any fees charged to refugees in respect of the delivery of documents shall be moderate. It is understood that the activities of such representatives shall be of an entirely non-political character and shall involve no encroachment whatsoever on the duties incumbent on the authorities of the country of residence The same Arrangement deals with a certain number of points relating to the legal capacity of persons, which have been examined in Chapter VI ( § 4). In order to give effect to the recommendation of 30 June 1928, the Belgian delegate, in the name of his Government, has drawn up the text of an agreement which is open to the adhesion of all Members of the League of Nations and of all States non-Members. (h) Options foe Particular Nationalities The right of option granted to inhabitants of the territories which, in virtue of the Peace Treaties of 1919 and 1920, were annexed to other States or declared to be independent has likewise been a cause of considerable movements of population. For a refusal on the part of the individual concerned to. adopt the new nationality frequently involved an obligation to leave the country in which he was domiciled after a longer or shorter interval. Though these migrations resulting from the right of option were movements of limited duration and have almost ceased at the present time, they have been the subject in every case of agreements between States and it appears desirable to indicate briefly the chief provisions of those agreements. Special facilities for the conveyance of the inhabitants and their goods are generally granted. For instance, the Gemiano-Polish Convention of 15 May 1922 relating to Upper Silesia contains a clause in Article 33 according to which persons who have opted for one nationality can within twelve months from the act of option transfer their residence to the territory of the State for which they have opted, taking with them their movable goods of every description, free of customs duties. Article 38 provides moreover for subsequent agreements between the German and Polish Governments concerning the practical organisation of the emigration and immigration of optants. A clause relating to exemption from customs duties was also inserted in the Convention between Germany and Czechoslovakia of 29 June 1920 and in the Convention of 30 May 1926 between France and Turkey 1 League of Nations: Document C.392, 1928,and Hfeli Commissariat, C.S.L., 11/1928(1)- THE MIGRATION OF REFUGEES, OPTANTS, ETC. 255 concerning the territories detached from the Ottoman Empire and placed under the mandate of the French Republic. Owing to the difficulties connected with railway transport, the movable goods which can immediately be conveyed are sometimes limited to a certain maximum weight. Provisions of this kind are found in the Convention of 12 August 1922 between Finland and the Union of Socialist Soviet Republics, which limits the weight of luggage allowed to each migrant to 163 kilograms. The remaining movable goods can be entrusted to the care of societies or private individuals until such time as they can be transported later. The right of optants to retain possession of immovable property is generally recognised; this is the case in the Agreement of 29 June 1920 between Germany and Czechoslovakia and the Convention of 15 May 1922 between Germany and Poland; the latter further lays down in Article 34 that the optants’ property cannot be subject to laws other than those which are applicable to nationals. The Agreement between Germany and Belgium of 11 September 1922 is even more definite on the subject. According to Article 6, persons who have transferred their residence to Germany, having retained immovable property in the territories acquired by Belgium, are permitted to enter and stay in Belgian territory in so far as may be necessary for the administration of the property and in so far as the security of the State will allow. (c) Exchange of Populations One of the grave inconveniences resulting from the revision of frontiers has always been the creation of racial minorities in the territories that have changed hands. The changes resulting from the last war have not been effected without leaving behind or even in some cases creating foreign elements of population within the territories of nations whose boundaries have been determined by the peace treaties. Statesmen in the arrangements made after the war of 1914-1918 employed two methods to remedy this situation : the protection of minorities through the introduction of certain guarantees and the exchange of minority populations. The first proeess is outside the scope of this study. The second gives rise to a special type of emigration, the mechanism of which will be briefiy indicated. The procedure referred to was adopted by Bulgaria and Greece and by Greece and Turkey in order to regulate the situation created by the war. The methods by which the respective minorities were to be exchanged were the subject of an agreement concluded between Bulgaria and Greece on 27 November 1919 and between Greece and Turkey on 30 January 1923, supplemented by an agreement of «1 December 1926. The object of both these agreements is the exchange of the respective minorities, but whereas the Convention between 256 SPECIAL PROBLEMS Bulgaria and Greece, though seeking to facilitate emigration, leaves individuals free to emigrate or not, the Convention between Greece and Turkey provides for the compulsory repatriation of Turkish and Greek minorities as a whole, excepting only certain strictly defined classes of individuals. The Greco-Bulgarian Convention first of all recognises the right of those of the subjects of the contracting Parties who belong to racial, religious or linguistic minorities, to emigrate freely to their respective territories; the Convention is also open to the adhesion of other States having a common frontier with one of the signatory States. The Parties undertake not to place any direct or indirect restriction on the right of emigration; laws or regulations to the contrary shall be deemed to be without effect. The right of emigration belongs to every person over eighteen years of age, emigration on the part of a husband implies that of a wife ; emigration on the part of parents or guardians that of their children or wards under eighteen years of age. No obstacle shall be placed in the way of the departure of a voluntary emigrant unless he has been sentenced to a term of imprisonment for an infraction of ordinary law. Further, movable property of every kind taken with them by emigrants shall be free of all export or import duties. A Mixed Commission is created composed of one member nominated by each of the contracting States and by an equal number of members of a different nationality, from among whom the president is chosen, and who are nominated by the Council of the League of Nations. The Commission is to have the duty of supervising and facilitating the voluntary emigration referred to in the Convention, of liquidating the real property of emigrants, both rural and urban, and in general of taking the measures rendered necessary by the Convention and to decide all questions to which it might give rise. The Greco-Turkish Convention of 1923 provides, as stated above, for a compulsory exchange of Turkish nationals of Greek Orthodox religion established in Turkish territory and of Greek nationals of Moslem religion established in Greek territory. These persons cannot return to live in Turkey or Greece without the authorisation of the Turkish Government or of the Greek Government respectively. Greeks already established in the district of Constantinople before 30 October 1918 and Moslems established in Thrace east of the frontier laid down in 1913 by the Treaty of Bucharest are not included in the exchange. No obstacle may be placed in the way of the departure of a person belonging to the populations to be exchanged, but neither may any pressure be put on these persons to make them leave their homes or abandon their property before the date fixed for their departure. Emigrants are free to take away their movable property with them without being liable to any export or import duty or any other tax ; or leave behind all or part of that property in the country which they are leaving. In the latter case the local authorities must draw up an inventory of such property, the emigrant being given an opportunity to be heard. As in the case of the Greco-Bulgarian agreement, a Mixed Commission is created, consisting of four members for each of the two contracting Parties and three members chosen by the Council of the League of Nations from among nationals of Powers which did not take part in the war of 1914-1918, the presidency being exercised in turn by each of these three neutral members. The duties of the Commission are to supervise and facilitate emigration and to carry out the liquidation of the emigrants’ property according to methods laid down by the Commission itself. The property abandoned by the emigrants is placed at the disposal of the Government on whose territory it is situated, and its value constitutes a Government debt from the country FRONTIER TRAFFIC 257 ■where the liquidation takes place to the Government of the country to which the emigrant belongs. The emigrant is entitled to receive from the Government of the country to which he emigrates property of an equal value to and of the same nature as that which he has left behind. A supplementary Agreement dated 1 December 1925 determines the methods of repurchase of this property by the Government concerned, regulations as to valuation, etc. The Greco-Bulgarian and Greco-Turkish Conventions stipulate that «migrants lose the nationality of the country which they are leaving and acquire that of the country of destination upon their arrival in the latter country. § 6.—Frontier Traffic It frequently happens that adjacent States mutually agree to establish a special system of regulations, less rigid than the ordinary emigration and immigration regulations, to enable the inhabitants of a particular zone to pass to and fro across the frontier; the size of the zone varies considerably in different countries, but it is generally carefully defined by such treaties. This zone, in the case of Estonia and Latvia, comprises 17 kilometres on ■either side of the frontier (Agreement of 10 January 1924) ; it is 15 kilometres wide in the case of Austria and Hungary (Agreement of 14 July 1926); 10 kilometres in that of Austria and the Serb-Croat-Slovene Kingdom (Agreement of 3 September 1925) ; 5 kilometres in that of Turkey and Syria (Agreement of 30 May 1926), etc. The persons able to profit by the facilities granted by these agreements are the “inhabitants” of the zone described; it is often laid down that as such are understood persons who have been domiciled in the district during a stated period : a year in the case of the Franco-Italian Agreement of 7 December 1918 and the Franco-Soar Agreement of 13 November 1926, six months in the Latvia-Lithuanian Agreement of 18 October 1924, and three months in the Agreement of 10 January 1924 between Estonia and Latvia. These agreements generally substitute a “laissez-passer” or a special certificate for a passport or sometimes even a family identity card; the different documents are issued by the local authorities and are generally less costly than a passport. The holders of such papers have a right to travel freely within the zone indicated and can often utilise the routes that are most convenient to them even outside the normal frontier zone. They often enjoy fairly extensive exemption from customs duties as well. , But it is tacitly understood that the special permits granted to the inhabitants of the frontier zone are only valid for a temporary stay in the other country and cannot be used to cross the frontier with the object of permanently residing on the other 17 258 SPECIAL PROBLEMS side; treaties often make express stipulations to this effect {Germany-Denmark : Agreement of 23 October 1920; GermanySaar : Protocol concerning customary rights with regard to the frontier, 13 November 1926). Often the length of stay authorised is indicated; three consecutive weeks in the case of the Germano-Danish Treaty; five consecutive days in the Treaty between Latvia and Lithuania, but as a rule six consecutive days, that is to say, a working week. Generally, different types of permits are issued, varying according to the duration of their validity and to the privileges conceded; for instance, the Agreement concluded between Germany and Poland on 30 December 1924 creates three different permits. Some of these permits more directly concern workers as such, and are in the nature of permanent permits issued to facilitate their work; the holders in fact in such cases may be in the position of emigrant workers. Workers’ travelling permits are issued to various classes of workers : to individuals engaged in the liberal professions who are authorised to exercise them regularly or in cases of urgency in the frontier zone of the contracting Party, such as doctors, midwives, veterinary surgeons, priests ; to merchants and artisans authorised to carry on their trade on both sides of the frontier, as for instance, carters and hawkers ; to landowners or farmers residing on one side of the frontier who possess or cultivate lands on the other side, with their agricultural workers; finally, to workers residing on the one territory who, in virtue of an agricultural or industrial contract, have daily or periodically to enter the territory of the other Party and who for this reason can be considered as emigrant workers. On this subject, the following agreements can be cited lAustria-Czechoslovakia, Commercial Treaty of 4 May 1921, annex A to Article 12; AustriaHungary, Agreement of 14 July 1926; Austria-Switzerland, Commercial Treaty of 6 January 1926, Article 12 and annex to that Article; BelgiumFrance, Agreement of 4 July 1928; France-Italy, Agreement of 7 December 1918 with relation to agricultural labourers only; Germany-Denmark, Agreement of 12 July 1921 supplementing the Agreement of 23 October 1920; Germany-Lithuania, Agreement of 16 July 1925 ; Germany-Poland, Convention of 15 May 1922, Articles 237-289 and Agreement of 30 December 1924; Poland-Czechoslovakia, Agreement of 30 May 1925. These agreements generally exempt the tools, food, wages in kind, etc., of workers from customs duties. The Protocol signed by Germany and France on 14 September 1926, making special regulations regarding the travelling of workers across the frontier FEONTIEB TRAFFIC 259 between the Saar and Germany, establishes a particularly detailed regime with regard to workers in the frontier zone. To cross the frontier these workers need only present their personal identity card in use in their own country; this right, nevertheless, does not do away with the necessity of conforming to the formalities of registration which are customary in the country where the workers are employed (in the Saar a declaration at the police office for the purpose of obtaining a permanent permit of residence, in Germany the issuing of a legitimation card). These workers retain the right of residence in the place where their homes are established if they return there every day, week or month, as well as the right to be admitted to the hospitals and clinics of that country. They can receive their wages, incomes and pensions without paying any dues and are exempt from customs duties on their bicycles, their meals—whether cooked or not—their wages in kind (such as allocations of coal to miners), on a certain quantity of clothing per year, and if they furnish proof of being married, on their household articles, and on medicines when they are insured against sickness on the other territory. An Agreement signed on 4 July 1928 between Belgium and France, on the subject of workers inhabiting the frontier zone and seasonal workers, provides, as regards workers in fhe frontier zone, for the creation of a special travelling card called “identity card of a frontier worker”, issued free of cost to Belgian workers by the burgomaster of their native commune, on production of a certificate of good conduct and a certificate issued by the French industrial establishment which has engaged them or employs them; this certificate must be endorsed by the competent labour exchange in France. Once this identity card has been endorsed free of cost by the same labour exchange, within eight days of its being issued, it exempts the Belgian worker from the registration formalities imposed on foreigners by French law. Certain agreements are eoncerned with soeial insurances for workers on the frontier; an account of these will be found in Chapter VII (§ 5), while in Chapter IV (§4, “Passports”) the special passports issued to batgemen are described. The right of conveying cattle to pasture lands across the frontier (transhumance) is an ancient and customary right, especially in mountain districts and is often recognised by international custom without being embodied in definite agreements; nevertheless, there exist a few agreements which regulate seasonal emigration to other pasture lands in frontier districts. The Agreement of Good Neighbourly Relations concluded by France and Great Britain on 2 February 1926 on the subject of frontier traffic between Syria and Lebanon and Palestine (Article 3), and the Agreement signed by France and Turkey on 20 October 1921 for the establishment of peace (Article 13 on frontier traffic between Turkey and Syria and Turkey and the Greater Lebanon) contain provisions relating to settled or seminomadic inhabitants enjoying grazing or cultivation rights or owning land on either side of the frontier ; they are to continue to exercise their rights freely as in the past, and especially they are entitled to cross the frontier freely with their animals and the natural increase thereof, their tools, the implements, products of the soil, etc., without paying any customs duties or dues. The seasonal emigration of herds and the right of pasturage in a particular region of the territory of the other contracting Party are also regulated by 260 SPECIAL PROBLEMS Germany and the Belgo-Luxemburg Economic Union in the Agreement of 15 July 1926 on frontier traffic ; by Germany and Denmark in the Arrangement of 10 April 1922 ; by Liechtenstein and Switzerland in the Final Protocol of the Treaty of 29 IVhirch 1923, concerning the adhesion of the Principality to the Swiss Customs Union; and by Norway and Sweden in the Agreements of 26 October 1905 and 8 April 1913, concerning the rights of nomadic Lapps to pasturage for their reindeer. The different agreements providing travelling faeilities in frontier zones generally contain reservations relating to the enforcement of public health regulations and police regulations; in particular the Parties mutually agree to refuse to issue travelling permits to, or to withdraw them from, individuals committing certain serious offences or contravening the provisions of the agreement by abusing the facilities granted. It should be noted moreover that the general provisions of certain agreements establishing absolute freedom of travel between the territories of two adjacent States are often of special interest to inhabitants of the frontier zone, especially to persons residing on the one territory who wish to seek employment on the other territory. A typical case of such use made of general provisions is furnished by the interpretation given on 8 October 1928 by the Supreme Court of the United States to the provisions contained in Article 3 of the Treaty of Amity, Commerce and Navigation concluded between the United States of America and Great Britain on 19 November 1794, called the Jay Treaty after the American plenipotentiary who negotiated and signed it. According to the provisions of that Article, which, according to Article 28 of the same Treaty and the additional explanatory Article of 4 May 1796, “shall be permanent”, it is agreed that it shall at all times be free to His Majesty’s subjects and to the citizens of the United States and also to the Indians dwelling on either side of the boundary line, freely to pass and repass the frontier and to carry on trade and commerce with each other. The Supreme Court of the United States decided that, in virtue of the rights accorded by this treaty all Canadian citizens and British subjects who, while maintaining their domicile in Canada cro§s the border habitually, to work or seek employment in the United States, are not “immigrants” within the meaning of the Immigration Act of 1924, hut are “non-immigrants”, admissible without special formalities, in conformity with section 3, paragraph 2, of that Act 1 U.S. Y. Karmuth, 24 F. (2d), 649, cited by Interpreter Release, Vol. V, No. 36, 16 Oct. 1928. On 8 April 1929, the Supreme Court of the United States declared that certain Articles of the Jay Treaty of 1794, and in particular Article 3, have been abrogated by the war of 1812. Consequently, the Immigration Act of 1924 in its strict interpretation governs the entry of British subjects into the United States over the Canadian frontier {United States Daily, 9 April 1929). APPENDIX CHRONOLOGICAL LIST OF THE PRINCIPAL TREATIES, AGREEMENTS, CONVENTIONS, DIPLOMATIC NOTES, ETC., ANALYSED IN THE PRESENT VOLUME For each of the diplomatic instruments mentioned below, the source to which reference may be made for the original text is indicated in the following order of preference : 1. League op Nations : Treaty Series. Publication of Treaties and International Engagements Registered with the Secretariat of the League of Nations.—This collection is indicated by the abbreviation “T.S.”, followed in each instance by the registration number, the number of the volume, and the number of the first page of the original text. Translations in French and in English are given together with the original text, if the latter is not drafted in those languages. As the registration of every treaty or international engagement entered into by any Member of the League of Nations is, immediately after the exchange of ratifications, compulsory, in conformity with Article 18 of the Covenant, the Treaty Series constitutes an extremely important source for the study of recent treaties. 2. Intebnational Labour Office : Draft Conventions and Recommendations adopted by the International Labour Conference at its Eleven Sessions held 1919-1928. Geneva, 1928.—International engagements the texts of which were drafted by the International Labour Office are not published in the League of Nations Treaty Series. Accordingly, reference will be made for any these engagements to the above-mentioned booklet indicated by the abbreviation ; “I.L.O. : Draft Conventions and Recommendations”, followed by the number of the first page of each. 3. For texts not published in either of the above collections (e.g., in particular, international engagements of whatsoever nature entered into prior to 1919, as retrospective registration with the League of Nations has only been effected in very rare instances) preference is given to the collection known as the Recueil Martens (from the name of the author who undertook its publication). This is a collection which, though non-official, is of a scientific character and includes numerous texts. It is subdivided into various parts, which are referred to by the following abbreviations : (a) Recueil des Traités, by Martens (2nd edition); 8 vols., of which one is a supplement. Abbreviation : “R.M.” (b) Nouveau Recueil des Traités, by Martens, continued by Saalfeld, and afterwards by Murhard; 16 vols. Abbreviation : “N.R.M.” 262 CHRONOLOGICAL LIST OF TREATIES, ETC. (c) Nouveau Supplement au Recueil de Traités, begun by Martens, continued by Murhard; 3 vols. Abbreviation : “N.S.M.” (d) Nouveau Recueil général de Traités, begun by Martens, continued successively by Murhard, Pinhar, Samwer, Hopf, Stoerck, and Triepel. This part is again subdivided into three series, as follows : Series I, 20 vols., abbreviation : “N.R.G.M.”; Series II, 35 vols., abbreviation : “N.R.G.M., 2nd ser. Series III, 18 vols, up to the present, others to follow, abbreviation : “N.R.G.M., 3rd ser.”. 4. Failing the possibility of reference to any of these three basic collections, the source indicated is either a collection of less important texts (Hertslet's Commercial Treaties, the Bulletin of the International Labour Office, Basle, or national collections containing Treaties entered into by any particular State) or the offleial gazette in which the treaty in question was published by one of the contracting parties. 5. Moreover, when the text of a Treaty has been included by the International Labour Office in its Legislative Series, this is also indicated by the abbreviation “L.S.”, followed by the number under which such text was published. The Legislative Series appears in three languages : English, French, and German. The abbreviation : “Exch. rat.” signifies “exchange of ratifications”. The figures appearing in the right hand column indicate the page of the present volume where the corresponding text is analysed. I. BILATERIAL TREATIES ^ Date 1783 3 April 1794 19 Nov. 1796 4 May 1825 2 Feb. 1842 9 Feb. United States-Sv?eden.—Treaty of Amity and Commerce (Article 6) [R.M., Vol. Ill, p. 565]. United States-Great Britain.—Treaty of Amity, Commerce and Navigation (known as the Jay Treaty) (Articles 3 and 28) [R.M., Vol. V, p. 641]. United States-Great Britain.—^Explanatory Article, relating to Article 3 (of the Jay Treaty). Exch. rat., 6 Oct. 1796 [R.M., Vol. V, p. 697]. Argentina-Great Britain.—Treaty of Amity. Commerce and Navigation (Articles 2, 3, 12-14). Exch. rat., 12 May 1825 [N.R.M., Vol. VI, p. 670]. Denmark-France.—Commercial Convention [N.R.G.M., Vol. Ill, p. 81]. Additional Articles, dated 9 Feb. 1910 [N.R.G.M., 3rd ser., Vol. VI, p. 889]. in 30, 260 260 231 178 1 As most of the bilateral treaties relating to suppression of the negro slave trade, more especially those entered into by Great Britain, have been denounced durir^ recent years, these are not included in the present list. A list of them, together with references to the volume of the Recueil des Traités (Martens) in which they were published, forms part of the documentary evidence collected for the purpose of the Brussels Conference held 18 Nov. 1889-2 July 1890 [N.R.G.M., 2nd ser., Vol. XVI, pp. SOetseq.]. Denunciations of these treaties are indicated in the General Index No. 1. of the League of Nations Treaty Series, pp. 816 et seq. BILATERAL TREATIES 1850 25 Nov. 1853 10 July 1853 10 July 1853 10 July 1857 20 Nov. 1858 27 June 1860 24 Oct. 1861 1 July 1863 21 Sept. 1868 ^ 22 Fél^ 1868 9 July 1868 28 July 1869 26 May 1870 8 Sept. 1870 20 Sept. United States-Switzerland.—Treaty of Residence. Exch. rat., 8 Nov.1855 [N.R.G.M., Vol. XVI, Part, I, p. 25]. Argentina-United States.—Treaty of Free Navigation upon the Paraná and Uruguay Rivers. Exch. rat., 20 Dec. 1854 [Tratados y Convenciones vigentes en la Nación Argentina. Ministerios de Relaciones Exteriores y Culto, 1925. Vol. I, p. 23]. Argentina-France.—Idem. Exch. rat., 21 Sept. 1854 [Ibid., p. 415; and N.R.G.M., 2nd ser.. Vol. X, p. 294]. Argentina-Great Britain.—Idem. Exch. rat., 11 March 1854 [Ibid., p. 452]. Argentina-Brazii.—River Convention. Exch. rat., 20 July 1858 [Ibid., p. 149]. China-France.—Treaty of Amity, Commerce and Navigation (Articles 7-13 and 35-40) [N.R.G.M., Vol. XVII, Part I, p. 2]. China-Great Britain.—Treaty to regulate the emigration of Chinese coolies. Cf. also 13 May 1904. France-Great Britain.—Convention ; Emigration of Labourers from India to the French Colonies [N.R.G.M., Vol. XVII, Part II, p. 251]. Denounced by Great Britain, 1 July 1921 [T.S., No. 166, Vol. VI, p. 343]. Argentina-Spain.—Treaty of Recognition, Peace, and Amity (Articles 3, 7, 8 and 9). Exch. rat., 21 June 1864 [Tratados y Convenciones vigentes en la Nación Argentina, Vol. I, p. 387]. North German Confederation-United States.—Convention relating to the Nationality of Emigrants [N.R.G.M., Vol. XIX, p.78]. Argentina-Bolivia.—Treaty of Amity, Commerce and Navigation (Articles 3 and 9). Exch. rat., 24 Sept. 1869 [Tratados y Convenciones vigentes. Vol. I, p. 91]. China-United States.—^Additional Articles to the Treaty of 18 June 1858 concerning Chinese Immigration [N.R.G.M., 2nd ser., Vol. XX, p. 100]. United States-Norway and Sweden.— Convention : Nationality of emigrants. Great Britain-Netherlands.—Convention : Immigration of Labourers from India to the Dutch Colony of Surinam. Exch. rat., 17 Feb. 1872 [N.R.G.M., Vol. XX, p. 557]. Denounced. Austria - Hungary-United States.—Naturalisation Convention. Exch. rat., 14 July 1871 [N.R.G.M., Vol. XX, p. 347]. 263 86,178 61 61 61 61 88 et seq. 167,190 16S 98, 99,178 98,100 80, 90,181 33 98 169 98,99 264 CHRONOLOGICAL LIST OF TREATIES, ETC. 1871 20 July Italy-Monaco.—Convention : Legal Aid for Indigent Persons. Exch. rat,, 6 Jan. 1872 [N.R.G.M., 2nd ser.. Vol. I, p. 321]. Ecuador-United States.—Naturalisation Convention. Exch. rat., 6 Nov. 1873 [N.R.G. M., 2nd ser.. Vol. I, p. 93]. Belgium-Spam.—Convention : Legal Aid (Paupers). Exch. rat., 22 Aug. 1872 [N.R. G.M., 2nd ser.. Vol. I, p. 177]. Denmark- United States.—Naturalisation Convention. Exch. rat., 14 March 1873 [N.R.G.M., 2nd ser.. Vol. I, p. 64]. Germany-Belgium.—Reciprocity Convention : To allow doctors established in the frontier zones to follow their profession [N.R. G.M., Vol. XIX, p. 80]. Costa Rlca-Italy.—Convention : Matters relating to nationality, legal aid for, and manner of dealing with, paupers; etc. Exch. rat., 16 April 1875 [N.R.G.M., 2nd ser.. Vol. I, p. 450]. Germany-Italy.—Reciprocity Declaration : Assistance for sick persons and reception of rejected persons. Again put into operation 8 July 1920 [N.R.G.M., 2nd ser.. Vol. I, p. 258]. Germany-Denmark.—Reciprocity Declaration : Assistance of sick persons and reception of rejected persons [N.R.G.M., 2nd ser., Vol. I, p. 263]. Supplementary Declarations dated 25 Aug. 1881 and 21 Feb. 1898. China-Peru.—Treaty of Amity, Commerce, and Navigation (Articles 6-7 : the right to immigrate) [N.R.G.M., 2nd ser.. Vol. Ill, p. 497]. Prolonged indefinitely by the Protocol of 17 Aug. 1909 [N.R.G.M.. 3rd ser.. Vol. V, p. 577]. Cf. also 28 Aug. 1909. Denmark-Switzerland.—Treaty of Amity, Commerce, and Establishment. Ratified [N.R.G.M., 2nd ser.. Vol. I, p. 308]. Germany-Costa Rica.—Treaty of Amity, Commerce and Navigation (Articles 1 to 11). Exeh. rat., 21 Nov. 1876 (N.R.G.M., 2nd ser. Vol. II, p. 249]. Italy-Switzerland.—^Reciprocity Declaration : Relief of Indigent Sick Persons [N.R.G.M., 2nd ser., Vol. I, p. 379]. Austria - Hungary-Switzerland. ^—Residence Treaty. Exch. rat., 22 April 1876. Again put into operation by the Treaty of 25 May 1925 [N.R.G.M., 2nd ser., Vol, II, p. 69]. Guatemala-Salvador.—^Treaty of Peace and Amity (Articles 4, 5 and 7). Ratified [N.R.G.M., 2nd ser., Vol. XIV, p. 192]. 1872 6 May 1872 31 May 1872 20 July 1873 7 Feb. 1873 6 May 1873 8 Aug. 1873 11 Dec. 1874 26 June 1875 10 Feb. 1875 18 May 1875 6-15 Oct. 1875 7 Dec. 1876 8 May 104,111 98.99 104 98.100 182 98,105, lio 67, lio 169 35 / 67,86 98.178 111. 86.179 80,123,181 BILATERAL TREATIES 1877 Austria-Italy.—^Agreement : Transit of 24-28 March expelled persons. Again put into operation, 15 Jan. 1921 [Accordi e trattati]. 1877 China-Spain.—Regulation of Chinese Immi17 Nov. gration into Cuba. 1878 Salvador-Honduras.—Treaty of Peace and 31 March Amity, and supplementary Convention dated 8 Dec. 1880 (Article 7) [N.R.G.M., 2nd ser.. Vol. XIV, pp. 195 and 204]. 1878 Germany-Belgium.—Declaration : Legal 18 Oct. aid [N.R.G.M., 2nd ser.. Vol. IV, p. 739]. 1879 Germany-Luxemburg.—Declaration : Le12 June gal aid [N.R.G.M., 2nd ser.. Vol. IV, p. 741]. 1879 France-Switzerland.—Convention to regu23 July larise the position of the children of French nationals who have become naturalised Swiss. Exch. rat., 6 July 1880 (N.R.G.M., 2nd ser.. Vol. VI, p. 484]. 1879 Germany-Italy.—Reciprocity Declaration : concerning eligibility for poor relief of the 28 July respeetive nationals (N.R.G.M., 2nd ser.. Vol. VIII, p. 591]. 1879 France-Great Britain.—Arrangement con5 Nov. cerning relief of distressed seamen in these countries [N.R.G.M., 2nd ser.. Vol. IV, p. 721]. 1879 Spain-Switzerland.—Residence Conven14 Nov. tion. Exch. rat., 25 May 1880 [N.R.G.M., 2nd ser.. Vol. IX, p. 596]. 1880 Belgium-Italy.—Declaration : Treatment 24 Jan. and Repatriation of indigent persons belonging to these countries (N.R.G.M., 2nd ser.. Vol. VI, p. 631]. 1880 Germany-France.—Convention : Legal 20 Feb. aid. Exch. rat., 10 March 1881. Again put into operation by the Treaty of Commerce dated 17 Aug. 1927, supplementary to Article 25 [N.R.G.M., 2nd ser.. Vol. VI, p. 699]. 1880 Germany-France.—Arrangement concern16 May ing relief of distressed seamen [N.R.G.M., 2nd ser., Vol. VI, p. 383]. 1880 Great Britain-Italy.—^Arrangement : Re8 June lief of distressed seamen. This arrangement came into operation on 1 Sept. 1880 [N.R.G.M., 2nd ser., Vol. VI, p. 417]. 1880 United States-China.—Treaty : Immigra17 Nov. tion and Residence of Chinese in the United States. Exch. rat., 19 July 1881 [N.R.G.M., 2nd ser.. Vol. XI, p. 730, and Vol. XX, p. 103]. 1880 Austria - Hungary-Great Britain.—Agree26 Nov. ment : Relief of distressed seamen [N.R.G.M., 2nd ser.. Vol. VIH, p. 667]. 265 60 168 80,181 104 104 97 et seq. 104 112 68, 86, 178, 240 109 104 113 113 33 113 266 CHRONOLOGICAL LIST OF TREATIES, ETC. 1881 28 Jan. 25 Feb. 1881 4 March 1880 31 Oct. 1881 20 April 1881 31 May Italy-Luxemburg.—Notes : Protection of Ill Sick Paupers [N.R.G.M., 2nd ser., Vol. XIII, p. 596]. Belgium-Rumania.—Convention ; Legal 104 Aid [N.R.G.M., 2nd ser.. Vol. XIV, p. 111]. Bulgaria-Italy.—^Notes : Relief for sick lio paupers [N.R.G.M., 2nd ser., Vol. XIII, p. 597]. Germany-Norway and Sweden.—Convention : Relief of Distressed Seamen [N.R. G.M., 3rd ser.. Vol. IV, p. 781]. Completed (for Norway) by exchange of notes 31 Oct.5 Nov. 1908 [N.R.G.M., 3rd ser.. Vol. IV, p. 782]. 1881 Italy-Norway and Sweden.—Declaration : 12 June Relief of Distressed Seamen [N.R.G.M., 3rd ser.. Vol VIII, p. 595]. 1881 Great Britain-Norway and Sweden.— Declaration : Relief of Distressed Seamen. 12 July Came into operation 1 Sept. 1881 [N.R.G.M., 2nd ser.. Vol. VIII, p. 695]. Cf. also 4 May 1908. 1882 France-Italy.—Declaration : Relief of 1 Jan. Distressed Seamen [N.R.G.M., 2nd ser.. Vol. VIII, p. 547]. 1882 France-S witzerland.—Residence Treaty. Bxch. rat., 12 May 1882 [N.R.G.M., 2nd ser.. 23 Feb. Vol. IX, p. 95]. 1882 Belgium-France.—Convention : Savings 31 March Banks. (Completed by the Convention of 4 March 1897). Cf. 1897. 1882 Spain-Italy.—Convention : Legal Aid. Exch. rat., 6 Nov. 1882 [N.R.G.M., 2nd ser.. 8 July Vol. VIII, p. 637]. 1882 France-Dominican Republic.—Treaty of Amity, Commerce and Navigation (Sections 9 Sept. 2-4). Exch. rat., 21 June 1887 [N.R.G.M., 2nd ser.. Vol. XV, p. 824]. France-Switzerland.—Convention : Relief 1882 27 Sept. for abandoned children and pauper lunatics. Exch. rat., 26 July 1883 [N.R.G.M., 2nd ser.. Vol. IX, p. 587]. Salvador-Costa Rica.—Treaty of Amity, 1882 Peace, Commerce and Extradition (Articles 78 Nov. 10) [N.R.G.M., 2nd ser.. Vol. XIV, p. 239]. France-Serbia.—Treaty of Commerce and 1883 Navigation (Articles 2 and 5-7). Exch. rat., 18 Jan. 18 July 1883 [N.R.G.M., 2nd ser.. Vol. IX, p. 690]. Portugal-Dominican Republic.—Treaty 1883 of Commerce, Amity, and Navigation (Article 4). 1 May Exch. rat., 28 Nov. 1885 [N.R.G.M., 2nd ser.. Vol. XIV, p. 48]. 113 113 113 113 86,177 75 104 .30,105 114 181 105 105 BILATERAL TREATIES Great Britain-Italy.—Treaty of Commerce (Articles 1 and 6). Exch. rat., 30 June 1883 [N.R.G.M., 2nd ser., Vol. X, p. 550]. 1883 Denmark-Italy.—Convention : Legal aid. 25 June Exch. rat., 20 Sept. 1883 [N.R.G.M., 2nd ser.. Vol. XIII, p. 601]. 1883 Denmark-Great Britain.—Arrangement : 25 July Relief of Distressed Seamen. Came into operation, 1 Nov. 1883 [N.R.G.M., 2nd ser.. Vol. X, p. 568]. 1883 Denmark-Norway and Sweden.—Decía10 Aug. ration : Relief of Distressed Seamen (N.R.G.M., 3rd ser.. Vol. V, p. 731]. Cf. also : 19 May and 26 June, 1926. 1883 Salvador-Venezuela.—Treaty of Amity, 27 Aug. Commerce, and Navigation (Articles 6 and 7). Ratified [N.R.G.M., 2nd ser., Vol. XIV, p. 215]. 1883 Belgium-Netherlands. —Convention relat16 Sept. ing to Savings Banks [N.R.G.M., 2nd ser.. Vol, X, p. 140]. Cf. also 8 Nov. 1902. 1883 Salvador-Switzerland.—Residence Trea30 Oct. ty. Exch. rat., 30 Oct. 1884 [N.R.G.M., 2nd ser.. Vol X, p. 617]. 1883 Nicaragua-Salvador.—Treaty of Amity, 17 Nov. Commerce and Extradition (Articles 5 to 15) [N.R.G.M., 2nd ser.. Vol. XIV, p. 229]. 1884 Italy-Netherlands.—Convention ; Legal 29 Jan. Aid [N.R.G.M., 2nd ser.. Vol. XIII, p. 701]. 1884 Spain-France.—Convention : Legal Aid 14 May [N.R.G.M., 2nd ser.. Vol. XII, p. 623]. 1885 Spain-Salvador.—Treaty of Peace and 2 March Amity. Exch. rat., 23 July 1887 [N.R.G.M., 2nd ser.. Vol XIV, p. 254, and Vol. XXVII, p. 54]. 1885 Germany-Denmark.—Declaration : Relief 31 March of Distressed Seamen. Came into operation 1 July 1885 [N.R.G.M., 2nd ser.. Vol. XV, p. 783]. 1885 Denmark-Italy.—Declaration : Relief of 21 May Distressed Seamen. Came into operation 1 Aug. 1885 [N.R.G.M., 2nd ser.. Vol. XIII, p. 654]. 1885 Argentina-Norway and Sweden.—Trea17 July ty of Amity, Commerce and Navigation (Articles 8, 9 and 10, and additional Instrument of the same date). Exch. rat., 14 Jan. 1896 [Tratados y Convenciones, Vol. I, pp. 505-615]. 1885 Italy-Uruguay.—Treaty of Commerce and 19 Sept. Navigation (Article 20). Exch. rat., 16 July 1886 [N.R.G.M., 2nd ser.. Vol. XIII, p. 660]. 1885 Mexico-Norway and Sweden.—Treaty 15 Dec. of Amity, Commerce, and Navigation (Articles 2 and 16-20). Ratified [N.R.G.M., 2nd ser.. Vol. XIII, p. 681]. 1883 15 June 267 48 104 113 113 98 75 86 80,181 104 104 99 113 113 98, 99 105 80, 84 268 1886 25 April CHRONOLOGICAL LIST OF TREATIES, ETC. China-France.—Treaty of Commerce (Articles 4 and 16). Continuation of the Treaty of Peace, Amity, and Commerce dated 9 June 1885, relating to Annam and the Preliminary Peace Convention dated 11 May 1884. Exch. rat., 7 Aug. 1896 [N.R.G.M., 2nd ser.. Vol. XXII, p. 34]. 1886 Belgium-Switzerland.—Convention : Le9 Sept. gal Aid. Exch. rat., 30 Dec. 1886 [N.R.G.M., 2nd ser.. Vol. XIV, p. 342]. 1886 Bolivia-Peru.—Arrangement : Exercise 18 Sept. of the Medical and Legal Professions [N.R.G.M., 2nd ser.. Vol XV, p. 774]. 1886 Italy-Dominlcan Republic.—Treaty of 18 Oct. Commerce and Navigation (Articles 9-25) [N.R.G.M., 2nd ser.. Vol. XVIII, p. 663]. Additional Treaty of 5 Jan. 1889; exeh. rat., 14 June 1890 [N.R.G.M., 2nd ser.. Vol. XVIII, p. 680]. 1886 France-Mexico.—Treaty of Amity, Com27 Nov. merce and Navigation (Articles 1 to 4) [N.R.G.M., 2nd ser.. Vol. XV, p. 840]. Germany-Ecuador.—Treaty of Amity 1887 28 March (Article 3). Exch. rat., 29 March 1888 [N.R.G.M., 2nd ser.. Vol. XV, p. 500]. Belgium-Switzerland.—Treaty of Immi1887 4 June gration and Residence. Exch. rat., 7 May 1888 [N.R.G.M., 2nd ser.. Vol. XIV, pp. 346 and 384]. Germany-Belgium.—Convention : Pau1887 7 July pers’ Relief. Again put into operation in 1920. Germany-Paraguay.—Treaty establishing 1887 21 July the most-favoured-nation clause. Exch. rat., 18 May 1888 [N.R.G.M., 2nd ser.. Vol. XV, p. 503] ; prolongation of validity by exchange of notes dated 7 and 9 Jan. 1928 [T.S., No. 1716, Vol. LXXIII, p. 235]. 1887 Germany-Guatemala.—Treaty of Amity, 20 Sept. Commerce and Navigation (Articles 5, 6, 10 and 11). Exch. rat., 22 June 1888 [N.R.G.M., 2nd ser.. Vol. XV, p. 512]. Austria- Hungary- Switzerland.—D e cla1887 21-28 Oct. ration : Readmission of respective nationals [N.R.G.M., 2nd ser.. Vol. XIV, p. 383]. France-Switzerland.—Convention : Pri1887 14 Dec. mary school attendance of children of the two countries. Exch. rat., 13 June 1888 (N.R.G.M., 2nd ser.. Vol. XIV, p. 402]. Serbia-Switzerland.—Consular and Resi1888 4-16 Feb. dence Convention. Exch. rat., 8 July 1888 [N.R.G.M., 2nd ser.. Vol. XIV, p. 406]. Spain-Italy.—Treaty of Commeree (Ar1888 26 Feb. ticle 2). Ratified [N.R.G.M., 2nd ser.. Vol. XVII, p. 9]. 239 104 181 HO, 190 105 68 67, 83, 86 109 82 30, 82,98 67 117 86 123 BILATERAL TREATIES Ecuador-Swltzerland.—Treaty of Amity, Commerce, and Residence (Articles 2 and 3). Exch. rat., 13 July 1889 [N.R.G.M., 2nd ser., Vol. XVIII, p. 755]. 1888 Ecuador-Mexico.—Treaty of Amity, Com10 July merce and Navigation (Articles 1 and 2) [N.R.G.M., 2nd ser.. Vol. XVIII, p. 755]. 1888 Japan-Mexico.—Treaty of Amity, Com30 Oct. merce and Navigation (Articles 1 and 2) [N.R.G.M., 2nd ser.. Vol. XVIII, p. 750]. 1888 Austria- Hungary-Netherlands.—Declaration regulating the expulsion of prostitutes 30 Nov. [N.R.G.M., 2nd ser.. Vol. XV, p. 722]. 1888 Germany-Honduras .^Treaty of Amity, 12 Dec. Commerce and Navigation (Article 10). Bxch. rat., 2 July 1888 [N.R.G.M., 2nd ser.. Vol. XV, p. 535]. ^ 1889 Italy-Dominican Republic.—Cf. 18 Oct. 5 Jan. 1886. 1889 Austria - Hungary-Italy.—Convention : 13 Feb. Relief of Distressed Seamen. Again put into operation, 15 Jan. 1921 [N.R.G.M., 2nd ser.. Vol. XV, p. 725]. 1889 Austria-Hungary-Spain.—Agreement : 11 March Relief for Seamen [N.R.G.M., 2nd ser., Vol. XV, p. 727, and Vol. XXVII, p. 62]. 1889 Mexico-Dominican Republie.—Treaty of 29 March Amity, Commerce and Navigation (Articles 2 to 4). Bxch. rat., 11 July 1889 [N.R.G.M., 2nd ser.. Vol XVIII, p. 758]. 1889 Germany-Netherlands.—Declaration con15 Nov. cerning certain classes of prostitutes [N.R. G.M., 2nd ser.. Vol. XVII, p. 342]. 1890 Italy-Mexico.—Treaty of Amity Commerce 16 April and Navigation (Articles 12 and 25). Bxch.rat., 23 July 1891 [N.R.G.M., 2nd ser., Vol. XVIII, p. 708]. 1890 Italy-Swltzerland.—Declaration : Repatri2-11 May ation of rejected persons. Came into operation 1 Jan. 1891 [N.R.G.M., 2nd ser.. Vol. XVII, p. 20]. 1890 Bolivia-Italy.—Treaty of Amity, and 18 Oct. Extradition (Articles 3, 4 and 5). Exch. rat., 7 Jan. 1901 [N.R.G.M., 2nd ser., Vol. XVIII, p. 728, and Vol. XXVIII, p. 9]. 1891 Congo-Liberia.—Treaty of Amity, Resi15 Dec. dence and Commerce (Article 15). Exch. rat., 22 Aug. 1843 [N.R.G.M., 2nd ser.. Vol. XXIV, p. 136]. 1892 Germany-Colombia.—Treaty of Amity, 23 July Commerce and Navigation. Exch. rat., 12 April 1894 [N.R.G.M., 2nd ser.. Vol. XIX, p. 831]. 1888 22 June 269 68,86 178 178 68 30,82, 98 190 113 113 105,178 68 105,178,190 67, 68 98, lio, 190 155 30 270 1892 27 Oct. CHRONOLOGICAL LIST OF TREATIES, ETC. Colombia-Italy.—Treaty of Amity, Commerce and Navigation (Articles 2 to 10). Ratified [N.R.G.M., 2nd ser., Vol. XXII, p. 308]. Belgium-Netherlands.—Convention : Le1892 gal Aid. Exeh. rat., 30 Jan. 1894 [N.R.G.M., 31 Oct. 2nd ser.. Vol. XXII, p. 318]. France-Liberia.—Arrangement : deUmita1892 tion of French Possessions and the Territories 8 Dec. belonging to the Republic of Liberia (Article 4). Exch. rat., 10 Aug. 1894 [N.R.G.M., 2nd ser.. Vol. XX, p. 846]. Supplementary agreement, 18 Sept. 1907 [N.R.G.M., 3rd series, Vol. Ill, p. 1004]. Mexico-Salvador.—Treaty of Commerce 1893 ^24 April and Navigation (Articles 2 and 4). Exch. rat., 16 Nov. 1893 [N.R.G.M., 2nd ser., Vol. XX, p. 864]. Italy-Parag(6ay.—Treaty of Amity, Com1893 22 Aug. merce and Navigation (Articles 4 and 16-20). Exch. rat., 14 June 1894 [N.R.G.M., 2nd ser., Vol. XXII, p. 507]. China-United States.—Conventions : Chi1894 17 March nese Immigration to the United States. Exeh. rat., 7 Dec. 1894 [N.R.G.M.,2nd ser., Vol.XXII, p. 551]. Great-Britain-Japan.—Treaty of Com1894 merce and Navigation (Article 1 : freedom to 16 July enter). Exch. rat., 25 Aug. 1894 [N.R.G.M., 3rd ser., Vol. XX, p. 809]. Spain-Honduras.—Treaty of Peace and 1894 17 Nov. Amity (Article 6). Exch. rat., 28 Aug. 1895 [N.R.G.M., 3rd ser., Vol VII, p. 422]. Japan-Peru.—Treaty of Commerce and 1895 20 March Amity. Exch. rat., 24 Dec. 1896 [N.R.G.M., 2nd ser., Vol. XXXIV, p. 400]. Brazil-Japan.—Treaty of Amity, Com1895 merce and Navigation (Article 3). Exch. rat., 5 Nov. 12 Feb. 1897 [N.R.G.M., 2nd ser., Vol. XXXIV, p. 393]. Austria - Hungary - Italy.—Convention : 1896 Sick Paupers’ Relief. Exch. rat., 13 July 1899. 25 June Again put into operation with Austria, 15 Jan. 1921 [N.R.G.M., 2nd ser., Vol XXV, p. 33]. Chile-Japan.—Treaty of Amity, Commerce 1896 25 Sept. and Navigation (Article 3). Exch. rat., 24 Sept. 1905 [N.R.G.M., 3rdser., VolII,p. 124]. France-Italy.—Consular and Residence. 1896 28 Sept. Convention relating to Italians in Tunis and Tunisians in Italy. With final Protocol [N.R.G.M., 2nd ser., Vol. XXIII, p. 363]. Belgium - Switzerland. — i^rrangement : 1896 Belief and Repatriation of Paupers. Came 12 Nov. into operation 1 Dee. 1896 [N.R.G.M., 2nd ser. Vol. XXIII, p. 394]. 30,105 104 155 105,181 105,190 33 35 68,82 31 31 110 31 81,86,98, 105,119, 239 109,114,115 BILATERAL TREATIES 1896 Austria - Hungary - Italy. — Exchange of 12-17 Dec. Notes. Repatriation of Indigent Persons. Again put into operation with Austria, 15 Jan. 1921 [L’Emigrazione italiana : Accordi e Trattati di Lavoro dell’ Italia con altri paesi, p. 13]. 1897 Belgium-France.—Convention : Savings 4 March Bank Service. Exch. rat., 26 Aug. 1897 [N.R.G.M., 2nd ser.. Vol XXV, p. 325]. 1897 Italy-San Marino.—Convention of Amity 28 June and Neighbourliness (Articles 8 and 33). Exch. rat., 31 July 1897 [N.R.G.M., 3rd ser.. Vol. II, p. 799]. Additional Convention of 14 June 1907 [IMd., p. 812]. 1897 Chlle-Switzerland.—Treaty of Commerce 31 Oct. (Articles 1 and 2). Exch. rat., 31 Jan. 1899 [N.R.G.M., 2nd ser.. Vol XXVIII, p. 585]. 1898 Argentina-Japan.—Treaty of Amity, Com3 Feb. merce, and Navigation (Articles 2, 4,11 and 12). Exch. rat., 18 Sept. 1901 [N.R.G.M., 3rd ser.. Vol II, p. 817]. 1898 Portugal - Switzerland. — Arrangement : 16 May Reciprocal assistance of indigent persons [N.R.G.M., 2nd ser.. Vol. XXIX, p. 53]. 1899 China-Mexico.—Treaty : Commercial rela14^ec. tions (Article 1). Exch. rat., 19 June 1900 [N.R.G.M., 2nd ser.. Vol XXXIII, p. 235]. 1902 United States-Haiti.—Treaty : Nationality 22 March of Emigrants. Exch. rat., 19 March 1907 [N.R.G.M., 2nd ser.. Vol XXXI, p. 291]. 1902 Mexico-Nicaragua.—Treaty of Amity and 6 Nov. Commerce (Article 6). Exch. rat., 11 July 1903 [N.R.G.M., 2nd ser., Vol. XXXI, p. 424]. 1902 Belgium - Netherlands. — Convention 8 Nov. amending that of 16 Sept. 1883 : Savings Banks [N.R.G.M., 2nd ser.. Vol. XXXI, p. 434]. 1903 Bolivia-Spain.—Convention : Mutual Re4 Sept. cognition of academic qualifications for the purpose of exercising certain professions. Exch. rat., 8 July 1910 [N.R.G.M., 3rd ser.. Vol. IV, p. 794]. 1903 Spain-Guatemala. — Idem. Exch. rat., 21 Sept. 8 Sept. 1904 [N.R.G.M., 2nd ser.. Vol. XXXII, p. 330]. 1903 Guba-Italy.—Treaty of Amity, Commerce 29 Dec. and Navigation (Articles 7 and 25) [N.R.G.M., 2nd ser.. Vol. XXXIII, p. 493]. 1904 Colombia-Spain.—Convention : Mutual recognition of academic qualifications for the 23 Jan. purpose of exercising certain professions. Exch. rat., 5 Aug. 1904 [N.R.G.M., 2nd ser.. Vol. XXXII, p. 334]. 271 73 75 105,111 82 81 111 34 98,99 181 75 181 181 105, ISO 181 272 CHRONOLOGICAL LIST OF TREATIES, ETC. 1904 9 April Spain-Peru.—Convention : Validity of academic qualifications for the purpose of exercising certain professions. Exch. rat., 7 Jan. 1907 [N.R.G.M., 3rd ser., Vol. V, p. 811]. France-Italy.—Convention for the purpose of ensuring reciprocally to nationals of both these countries the benefits of social insurance and progressive labour legislation [N.R.G.M., 2nd ser., Vol. XXXII, p. 367]. France-Italy.—^Arrangement : Facilities for savings bank depositors. Exch. rat., 21 Sept. 1904[N.R.G.M., 2nd ser,, Vol. XXXIII, p. 521]. Cf. also 20 Jan. 1906. China-Great Britain.—Agreement : Introduction of Asiatic Labour into South Africa. Came into operation on the same date [N.R.G.M., 2nd ser.. Vol. XXXII, p. 325], Spain-Mexico.—Treaty : Reciprocal validity of academic qualifications. Exch. rat., 23 Dec. 1904 [N.R.G.M., 2nd ser.. Vol. XXXIV, p. 515]. Spain-Salvador.—Convention : Validity of academic qualifications for the exercise of certain professions. Bxch. rat., 22 April 1905 [N.R.G.M., 3rd ser.. Vol. I, p. 207]. Spain-Nicaragua.—Convention : Validity of academic qualifications for the exercise of certain professions. Exch. rat., 19 March 1908 [N.R.G.M., 3rd ser.. Vol. V, p. 828]. Germany-Italy.—Additional Treaty to the Treaty of Commerce dated 6 Dec. 1891. Came into operation 1 March 1906 [N.R.G.M., 2nd ser.. Vol. XXXIV, p. 605]. Germany-Netherlands.—Convention : Residence and Reciprocal Relief [N.R.G.M., 2nd ser.. Vol. XXXIII, p. 13]. Cf. also 19 Jan. 1911. Australia-Japan.—Agreement (unpublished). Japanese immigration into Australia. Germany-Austria - Hungary. — Additional Treaty to the Treaty of Commerce dated 6 Dec. 1891 (Article 19) [N.R.G.M., 2nd ser.. Vol. XXXV, p. 516]. Belgium-Luxemburg. — Convention : Workmen’s compensation for accidents. Exch. rat., 25 Oct. 1905 [N.R.G.M., 2nd ser., Vol. XXXIII, p. 334]. Spain-Honduras.—Convention -.Validity of academic qualifications for the exercise of professions. Exch. rat., 16 July 1906 [N.R.G.M., 3rd ser., Vol. V, p. 853]. Colombia-Ecuador.—^Treaty of Amity, Commerce, and Navigation (Articles 4 and 15). Exch. rat., 24 Oct. 1907 [N.R.G.M., 3rd ser.. Vol. V, p. 856]. 1904 15 April 1904 15 April 1904 13 May 1904 28 May 1904 16 July 1904 4 Oet. 1904 3 Dec. 1904 17 Dec. 1905 1905 25 Jan. 1905 15 April 1905 5 May 1905 10 Aug. 181 188,190, 196,213 76,221,224 76,112,167 181 181 181 a 199 60, 66, 67, 86, 111, 123 35 195 207 181 30 BILATERAL TREATIES 1905 2 Sept. 1905 26 Oct. 1906 20 Jan. 1906 25 Jan. 1906 21 Feb. 1906 9 June 1906 27 June 1906 25 Sept. 9 Oct. 1906 20 Oct. Germany-Luxemburg. — Arrangement : Insurance against accidents (Workmen’s Compensation). Exch. rat., 23 Sept. 1905 [N.R. G.M., 2nd ser., Vol. XXXIII, p. 395]. Norway-Sweden.—Convention : Right of Nomadic Lapps to pasturage for their reindeer [N.R.G.M., 2nd ser.. Vol. XXXIV, p. 706]. Cf. also 8 April 1913. France-Italy.—Arrangement : Facilities for savings bank depositors. Exch. rat.. 11 Dec. 1906 [N.R.G.M., 3rd ser.. Vol. Ill, p. 270]. Italy-Nlcaragua.—Treaty of Amity, Commerce and Navigation (Articles 4, 10 and 19). Exch. rat., 28 Sept. 1906 [N.R.G.M., 2nd ser.. Vol. XXXV, p. 268]. 273 215 260 75 105 Belgium-France.—Convention ; Work- 208 men’s compensation for accidents. Exch. rat., 7 June 1906 [N.R.G.M., 2nd ser.. Vol. XXXV, p. 148]. France-Italy.—Arrangement : Workmen’s 196, 213 compensation for accidents. Exch. rat., 4 June 1907 [N.R.G.M., 3rd ser., Vol. I, p. 473]. France-Luxemburg.—Convention : Work- 208,214 men’s compensation for accidents. Exch. rat., 19 Oct. 1906 [N.R.G.M., 2nd ser.. Vol. XXXV. p. 279]. Egypt-Italy.—Arrangement : Savings banks. 75 France-Great Britain.—Convention ; New Hebrides. Exch. rat., 9 Jan. 1907 [N.R.G.M., 3rd ser.. Vol. I, p. 523]. Cf. also 6 Aug. 1914. 1907 United-States-Japan.—Agreement (unpublished) : Japanese Immigration into the United States. 1907 Germany-Netherlands.—Convention : Ac27 Aug. cident insurance. Exch. rat., 30 Nov. 1907 [N.R.G.M., 3rd ser.. Vol. I, p. 871]. Cf. also 30 May 1914. 1907 Great Britain-Italy.—Exehange of Notes 4 Sept. (unpublished) : Savings Banks. Came into 25 Nov. operation 1 Jan. 1908. 1907 United States-Peru.—Convention : Natu15 Oct. ralisation of immigrants. Exch. rat., 23 July 1909 [N.R.G.M., 3rd ser.. Vol. Ill, p. 233]. 1907 Great Britain-Japan.—Exchange of Notes : 23 Dec. Japanese Immigration into Canada (known as the “Lemieux Agreement”) [N.R.G.M., 3rd ser.. Vol. VI, p. 812]. 1908 Colombia-Switzerland.—Treaty of Resi14 March dence and Commerce. Exch. rat.,24 June 1909 [N.R.G.M., 3rd ser.. Vol. IV, p. 241]. 243 36 215 76 99 35 30 18 274 CHRONOLOGICAL LIST OF TREATIES, ETC. United States-Salvador. — Convention: 1908 14 March Nationality of emigrants. Exch. rat., 20 July 1908. [N.R.G.M., 3rd ser., Vol III, p. 236]. Honduras-Mexico. — Treaty of Amity, 1908 24 March Commerce, and Navigation (Articles 4 and 10). Exch. rat., 30 Sept. 1910 [N.R.G.M., 3rd ser.. Vol. VIII, p. 398]. United States-Brazll.—Convention to re1908 27 April guíate the effects of Naturalisation. Exch. rat., 28 Feb. 1910 [N.R.G.M., 3rd ser.. Vol. IV, p. 250]. Great Britain-Norway and Sweden.— 1908 Exchange of Notes : Relief of Distressed 4 May Seamen [N.R.G.M., 3rd ser.. Vol. IV, p. 182]. 1907 28 Nov. United States - Portugal. — Convention : 1908 Nationality of Emigrants. Exch. rat., 14 Nov. 7 May 1908 [N.R.G.M., 3rd ser.. Vol. Ill, p. 239]. United States-Honduras.—Convention : 1908 Naturalisation of Immigrants. Exch. rat., 23 June 16 April 1909 [N.R.G.M., 3rd ser.. Vol. Ill, p. 242]. Germany-Bolivia.—Treaty of Amity and 1908 Commerce (Articles 6-10). Exch. rat., 15 March 22 July 1910 [N.R.G.M., 3rd ser.. Vol. IV, p. 284]. Again put into operation, 12 March 1924 [T.S., No. 1710, Vol. LXXIII, p. 95]. United States-Uruguay. — Convention : 1908 Nationality of Emigrants. Exch. rat., 14 May 10 Aug. 1909 [N.R.G.M., 3rd ser.. Vol. Ill, p. 245]. Italy-Norway.—Exchange of Notes : Relief 1908 of Distressed Seamen [N.R.G.M., 3rd ser.. Vol. 18 Aug. IV, p. 301]. 10 Sept. Germany-Norway.—Cf. 31 May 1881. 1908 31 Oct. 5 Nov. United States-Nicaragua.—Convention : 1908 Naturalisation of Emigrants and Supplementary 7 Dec. Convention dated 17 June 1911. Exch. rat., 28 March 1912 [N.R.G.M., 3rd ser.. Vol VI, p. 464]. Great Britain-Sweden. — Exchange of 1909 Notes : Reciprocity in regard to Workmen’s 3 Feb. Compensation for Accidents [N.R.G.M., 3rd 2 April ser.. Vol. IV, pp. 815 and 818]. Belgium-Honduras .-^Treaty of Amity 1909 25 March and Commerce (Articles 2-4). Exch. rat., 20 Aug. 1910 [N.R.G.M., 3rd ser.. Vol. V, p. 500]. Great Britain-Portugal. (For the Trans1909 vaal and Mozambique respectively).—Conven1 April tion : Situation of Native Workers. Came into operation on the same date [N.R.G.M., 3rd ser.. Vol. IV, p. 885]. 99 106,181 98, 99 113 100 100 98 99 113 113 99 216,218 82 158 275 BILATERAL TREATIES 1909 3 July 1909 25 Aug. 1909 28 Aug. 1909 19 Sept. 1909 13 Nov. 1910 9 Feb. 1910 7 May 1910 15 June 1910 9 Aug. 1910 12 Aug. 1910 29 Sept. 1910 12 1909 24 1910 18 17 1910 31 Oct. March July Oct. Oct. 1911 19 Jan. France-Great Britain. — Convention : Workmen’s Compensation for Accidents. Exch. rat., 13 Oct. 1910 [N.R.G.M., 3rd ser., Vol. V, p. 550]. Norway-Sweden.—Declaration : Relief of Distressed Seamen [N.R.G.M., 3rd ser.. Vol. V, p. 580]. China-Peru.—Protocol. Chinese migration to Peru [N.R.G.M., 3rd ser., Vol. V, p. 578]. Hungary-Italy.—Convention : Reciprocal Application of Accident Insurance Laws. Bxch. rat., 14 June 1911 ; again put into operation, 20 June 1922 [N.R.G.M., 3rd ser.. Vol. V, p. 595]. Germany-Switzerland.—Residence Treaty. Exch. rat., 1 Aug. 1911 [N.R.G.M., 3rd ser.. Vol. V, p. 608]. Denmark-France.—Cf. 9 Feb. 1842. Netherlands-Switzerland.—Treaty : Repatriation of citizens or subjects of either Contracting Party expelled from the Territory of the other. Exch. rat., 3 Jan. 1912 [N.R.G.M., 3rd ser.. Vol. VII, p. 284]. France-Italy.—Reciprocity Arrangement : Protection of young workers. Exch. rat., 10 Feb. 1912 [N.R.G.M., 3rd ser.. Vol. VII, p. 528]. France-Italy.—Agreement for the application of § 6 of Article 1 of the Convention of 15 April 1904 : Payments to National Pensions Funds [Accordi e Trattati di Lavoro delF Italia con altri paesi]. Bolivia-Brazil.—Treaty of Commerce (River Navigation). Exch. rat., 29 July 1911 [N.R.G.M., 3rd ser.. Vol. VII, p. 632]. Argentina-Netherlands.—Treaty : Medical aid for nationals of the respective countries. Exch. rat., 15 Dec. 1911 [N.R.G.M., 3rd ser.. Vol. VII, p. 639]. Netherlands-Sweden. — Exchange of Notes : Lunatics [N.R.G.M., 3rd ser.. Vol. VII, p. 425]. 213 113 35 216 60, 67, 86, 111,115,123 178 67,115 190 221 59 110 117 Germany-Switzerland. — Exchange of 117 Notes : Lunatics [N.R.G.M., 3rd ser.. Vol. VII, p. 319]. Germany-Switzerland.—Treaty to regu- 178 late certain rights of the nationals of either Contracting Party upon the Territory of the other. Exch. rat., 1 Aug. 1911 [N.R.G.M., 3rd ser.. Vol. V, p. 613]. Germany-Netherlands. — Exchange of 67 Notes : Repatriation service [N.R.G.M., 3rd ser.. Vol. VII, p. 863]. 276 CHRONOLOGICAL LIST OF TREATIES, ETC. United States-Japan.—Treaty of Commerce and Navigation (Article 1). Exch. rat., 4 April 1911 [N.R.G.M., 3rd ser., Vol VI, p. 729] ; followed by a Japanese Declaration in regard to emigration, dated 21 Feb. 1911 [Ibid., p. 734]. Great Britaln-Japan.—Treaty of Com1911 3 April merce and Navigation (Article 1). Exch. rat., 5 May 1911 [N.R.G.M., 3rd ser.. Vol. VIII, p. 413]. Bolivia-Ecuador.—Treaty of Amity (Ar1911 17 April tide 2). Exch. rat., 23 May 1913 [N.R.G.M., 3rd ser.. Vol VIII, p. 431]. Sweden-Japan.—Treaty of Commerce and 1911 Navigation (Article 1). Exch. rat., 12 July 19 May 1911 [N.R.G.M., 3rd ser.. Vol. VIII, p. 496]. Austria-Hungary-Bulgaria.—Convention: 1911 Legal Questions. Exch. rat., 27 April-10 May 31 May 1912 [N.R.G.M., 3rd ser., Vol VIII, p. 553]. Costa Rica-United States.—Convention : 1911 Naturalisation of Emigrants. Exch. rat., 10 June 9 May 1912 [N.R.G.M., 3rd ser.. Vol. VI, p. 468]. Norway-Japan.—Treaty of Commerce and 1911 Navigation (Article 1). Exch. rat., 15 July 16 June 1911 [N.R.G.M., 3rd ser., Vol. VIII, p. 602]. Switzerland-Japan.—Treaty of Residence 1911 and Commerce. Exch. rat., 20 Dec. 1911 21 June [N.R.G.M., 3rd ser., Vol. VIII, p. 610]. Germany-Japan.—^Treaty of Commerce 1911 24 june and Navigation (Article 1). Ratified [N.R.G.M., 3rd ser.. Vol. VIII, p. 804]. Bolivia-Great Britain.—Treaty of Com1911 merce. Exch. rat., 5 July 1912 [N.R.G.M., 1 Aug. 3rd ser.. Vol. VIII, p. 822]. France-Japan.—Treaty of Amity, Com1911 merce, and Navigation. Exch. rat., 26-29 Feb. 19 Aug. 1912 [N.R.G.M., 3rd ser., Vol. VIII, p. 867]. Germany-Bulgaria.—Treaty: Legal Ques1911 29 Sept. tions and reciprocal assistance of Civil Courts (Artiele 5). Exch. rat., 21 June 1913 [N.R.G.M., 3rd ser.. Vol. IX, p. 231]. Denmark-Japan.—Treaty of Commerce 1912 12 Feb. and Navigation (Article 1). Exch. rat., 6 May 1912 [N.R.G.M., 3rd ser.. Vol. VIII, p. 623]. Bolivia-Colombia.—Treaty of Amity (Ar1912 19 March tide 5). Bxch. rat., 20 Dec. 1912 [N.R.G.M., 3rd ser.. Vol. IX, p. 562]. France-Monaco.—Convention : Customs 1912 10 April Arrangements and Neighbourliness (Articles 19 and 24). Exch. rat., 6 April 1914 [N.R.G.M., 3rd ser.. Vol. X, p. 180]. 1911 21 Feb. 36 31 98,181 31 104 99 31 31,177 31 30 31 105 31 181 116,118 BILATERAL TREATIES 1912 6 July 1912 6 July 1912 31 July 1912 17 Aug. 1912 28 Oct. 1912 28 Oct. 1912 25 Nov. 1913 12 Feb. 1912 30 Nov. 1913 8 April 1913 2 May 1913 21 July 1913 13 Oct. 1914 4 May 1914 22 May Germany-Belgium.—Convention : Insurance against Accidents (Workmen’s Compensation). Exch. rat., 10 Jan. 1913 [N.R.G.M., 3rd ser., Vol. IX, p. 618]. Again put into operation 30 June 1920, in conformity with Article 289 of the Treaty of Versailles. Japan-Netherlands.—Treaty of Commerce and Navigation. Exch. rat., 8 Oct. 1913 [N.R.G.M., 3rd ser.. Vol. IX, p. 425]. Germany-Italy.—Convention relating to Workers’ Insurance. Bxoh. rat., 25 March 1913 [N.R.G.M., 3rd ser., Vol. IX, p. 627]. Argentma-Italy.—Convention : Hygiene (Article 16). Exch. rat., 9 April 1913 [N.R.G.M., 3rd ser.. Vol. IX, p. 817]. France-Italy.—Declaration : Relations between these two countries in Lvbia and Morocco [N.R.G.M., 3rd ser.. Vol VIII¡ p. 144]. Austria-Hungary-Japan.—^Treaty of Amity and Commerce. Bxch. rat., 26 June 1913 [N.R.G.M., 3rd ser.. Vol. VIH, p. 834]. Italy-Japan.—Treaty of Commerce and Navigation. Exch. rat., 17 June 1913 [N.R.G.M., 3rd ser.. Vol. IX, p. 435]. Germany-Spain.—Exchange of Notes : Reciprocal notification of accidents to seamen [Bulletin of the International Labour Office, Basle, 1913, Vol VIII, p. 247]. Norway-Sweden.—Convention : Right of Nomadic Lapps to Pasturage for their Reindeer. Exch. rat., 15 May 1913 [N.R.G.M., 3rd ser.. Vol. X, p. 254]. Netherlands-Sweden.—Arrangement : Relief of Distressed Seamen. Exch. rat., 19 July 1913 [N.R.G.M., 3rd ser.. Vol. X, p. 259]. Belgium-Netherlands.—Arrangement : Repatriation of minors who have escaped from parental authority. France-Switzerland.—^Arrangement : Railway Employees’ Pensions [Bulletin of the International Labour Office, Basle, 1914 : Vol XII, p. 61]. Italy-Uruguay.—Sanitary Convention (Article 16). Exch. rat., 30 Nov. 1914 [N.R.G.M., 3rd ser., Vol. XII, p. 161]. Spain-Liberia. — Convention : Recruitment of Liberian workers for employment in the Colony of Fernando Po. Exch. rat., 7 May 1915 [Instituto de Reformas Sociales, Sección,la “Legislación del Trabajo”, apéndice undécimo 1915. Legislación. Proyecto de reforma,Madrid 1916, p. 27.—^Bulletin of the International Labour Office, Basle, 1917, Vol. XII, p. 1]. 277 208, 214 31 199,201,216, 221 65 239 31 31 215 260 113 115 194 et seq. 65 52, 76, 160 278 CHRONOLOGICAL HST OF TREATIES, ETC. Germany- Netherlands.— Supplementary Convention to the Accident Insurance Convention of 27 Aug. 1907. Exch. rat., 12 May 1915 [N.R.G.M., 3rd ser.. Vol. XII, p. 184]. France-Great Britain.—Protocol concern1914 6 Aug. ing the New Hebrides. Exch. rat., 18 March 1922 [T.S., No. 278, Vol. X, p. 334]. France-Italy.—Declaration ; to extend the 1916 9 March application of agreements arrived at between France and Italy to cover the French Zone of Morocco. France-Serbia.—Convention : Education of 1916 Serbians in France; French Act of Approval, 9 Nov. 24 March 1922 [Journal officiel de la République française. No.; 84, 26 March 1922, p. 3302]. Germany-Turkey.—^Residence Treaty. 1917 Exch. rat., 10 April 1918 [N.R.G.M., 3rd ser. 11 Jan. '> Vol. IX, p. 729]. Germany-Turkey.—Judicial Convention. 1917 Exch. rat., 10 April 1918 [N.R.G.M., 3rd ser.. 11 Jan. Vol. IX, p. 709]. 1917 Japan-Mexico.—Convention ; Freedom to 26 April exercise the profession of medicine [N.R.G.M., 3rd ser.. Vol. XVIII, p. 412]. 1917 France-San Marino.—Convention : Work9 Aug. men’s eompensation for accidents. Approved in France by Decree of 27 July 1918 [Journal officiel de la République française, 30 July 1918]. Itaiy-Nicaragua.—Convention : Nationa1917 20 Sept. lity Rights. Approved by the Italian Parliament 27 May 1923 [Camera dei Deputati-Atti parlamentar!, legislature XXVI a, sessione 1922-1923, No. 1158, Rome]. 1917 France-Serbla.—Convention : Admission of Serbian Nationals to Technical and Trade 27 Nov. Schools in France. French Act of Approval, 24 March 1922 [Journal officiel de la République française. No. 84, 26 March 1922, p. 3302]. Chile-Ecuador.—Convention ; Mutual re1917 cognition of Professional Diplomas. Ratified 17 Dec. in Chile, 3 Sept. 1924 [Memoria del Ministerio de Relaciones Exteriores. Chile, 1915-1919, p. 87]. United States-Great Britain.—Conven1918 3 June tion : Military Service of the respective nationals. Exch. rat., 30 July 1918 [N.R.G.M., 3rd ser.. Vol. X, p. 395]. 1918 United States-Greece.—Idem. Exch. rat., 30-17 Aug. 12 Nov. 1918 [N.R.G.M., 3rd ser.. Vol. X, p. 406]. United States-Italy.—Idem. Exch. rat., 1918 24 Aug. 12 Nov. 1918 [N.R.G.M., 3rd ser.. Vol. X, p. 402]. 1914 30 May 215 242 213,240 118 67, 98,104 111 181 213 98 118 181 123 123 123 BILATERAL TREATIES 1918 26 Aug. 1918 9 Aug. 19 Sept. 1918 3 Sept. 1918 7 Dee. 1919 4 May 1919 3 Sept. 1919 12 Sept. 1919 30 Sept. 1919 17 Nov. 1919 27 Nov. 1919 27 Nov. Ecuador-Japan.—^Treaty of Amity, Commeree and Navigation (Artieles 11,12 and 14). Exch. rat., 31 Mareh 1919 [N.R.G.M., 3rd ser.. Vol. XVIII, p. 416]. Ecuador-Japan.—Exchange of Notes : Immigration into Ecuador of Japanese subjects, and their enjoyment of civil rights there [N.R.G.M., 3rd ser.. Vol. XVIII, p. 421]. United States-France.—Convention : Military Service of the respective Citizens. Exch. rat., 8 Nov. 1918 [N.R G.M., 3rd ser.. Vol. X, p. 409]. France-Italy.—^Agreement : Movements of the respective nationals [Journal officiel, 1921, No. 217, 13 Aug. 1921, p. 9518]. Agreement of 18 July 1921 : extension of the regime governing movements of nationals, to cover Monaco [Ibid., p. 9520]. Spain-Italy.—Declaration : Relations between the two countries in Lybia and in Morocco [N.R.G.M., 3rd ser.. Vol. VIII, p. 145]. France-Poland —Convention : Emigration and Immigration. Exch. rat., 15 April 1920 [T.S., No. 28, Vol. I, p. 338. Errata, Vol. Ill, p. 280.—L.S., 1919, Int. 1]. France-Italy.—Exchange of Notes concerning delimitation of Frontiers between Tunis and Tripolitania, the system of Italian private schools, and industrial accidents in Tunis. Put into operation : in France by Decree dated 6 Dec. 1923, and in Italy by Decree dated 22 Sept. 1923 [Journal officiel. No. 335,11 Dee. 1923, p. 11527.—Gazzetta Ufficiale, 9 Feb. 1924, No. 34, p. 627]. France-Italy.—Labour Treaty. Exch. rat., 17 May 1921 [T.S., No. 133,Vol. V, p. 280— L.S.,1920, Int. 2]. Cf. also 16-19 Feb. 1920. 279 31 31 123 257, 258 239 67, 75, 126, 143,189,196, 211 119,213 77, 90, 107, 112,119,122, 126,138.143, 168,189,190, 192,193,196, 221, 240 Japan-Paraguay.—Treaty of Commerce. 31 Exch. rat., 25 Aug. 1921 [T.S., No. 169, Vol. VI, p. 368] ; and exchange of notes relating to the immigration of Japanese to Paraguay, 29-30 Nov. 1920 [Ibid., p. 374]. Argentina-Spain.—Convention : Recipro- 207 city in respect of workmen’s compensation for accidents. Exch. rat., 28 Sept. 1922 [Crónica mensual del Departamente Nacional del Trabajo, Rueños Aires, Oct. 1922.—L.S., 1920, Int. 4 and 5]. Bulgaria-Greece.—Convention relating to 255 reciprocal emigration. Exch. rat., 9 Aug. 1920 [T.S., No. 9, Vol. I, p. 68]. 1 In the Legislative Series, this Convention is erroneously dated : “7 September”; read; "3 September”. 280 CHRONOLOGICAL LIST OF TREATIES, ETC. France-Italy.—Declaration (Additional to 1920 16-19 Feb. the Labour Treaty of 30 Sept. 1919) [T.S., No. 204, Vol. VIII, p. 42]. France-Czechoslovakia. — Convention : 1920 20 March Emigration and Immigration. Exch. rat., 30 Nov. 1920 [T.S., No. 95, Vol. Ill, p. 140.— L.S., 1920, Int. 3]. Argentina-Italy.—Convention : Work1920 26 March men’s Compensation for Accidents. Exch. rat., 31 Aug. 1921 [T.S., No. 400, Vol. XV, p. 272.— L.S., 1920, Int. 4 and 5]. Great Britain-Portugal.—Agreement re1920 newing that of 28 Aug.-4 July 1914 : Recruit7 April ment at Tete (Mozambique) of workers for Southern Rhodesia [T.S., No. 134, Vol. V, p. 298]. Germany-Czechoslovakia.—Treaty: ques1920 tions of nationality. Exch. rat., 12 Sept. 29 June 1922 [T.S., No. 509, Vol. XX, p. 86]. Germany - Czechoslovakia. — Economic 1920 Convention (Articles 19 and 20). Exch. rat., 29 June 12 Sept. 1922 [T.S., No. 430, Vol. XVII, p. 69]. Great Britain-Gi^eece.—Arrangement : 1920 Suppression of the capitulations in Egypt. 22 Aug. Exch. rat., 4 Jan. 1921 [N.R.G.M., 3rd ser., Vol. XV, p. 305). Italy-Sweden.—Exchange of Notes : Reci1920 28 Aug. procity of Treatment in the matter of accident 12 Jul y insurance. Swedish Executive Decree, 4 Nov. 1921. Germany-Austria.—Economic Conven1920 1 Sept. tion. Exch. rat., 12 Feb. 1921 [T.S., No. 107, Vol. IV, p. 202]. France-Poland.—Convention : Relief and 1920 14 Oct. Social Welfare. Ratified by Poland on 11 May 1922 [Dziennik Ustaw, 1922, No. 54, p. 899], and by France on 31 March 1923 [Journal officiel, 1923, No. 92, p. 3426.—L.S., 1923, Int. 1]. Germany-Denmark,—Agreement : Faci1920 lities accorded in the matter of passports to 23 Oct. residents in the frontier zones. Became operative on the date of signature. Complementary agreement dated 12 July 1921 [T.S., Nos. 645 and 646, Vol. XXVI, pp. 152 and 164]. Danzig (Free City of)-PoIand.—Conven1920 tion : Relationship in general (Article 24). 9 Nov. Exch. rat. [T.S., No. 153, Vol. VI, p. 190]. Italy-Luxemburg.—Labour Treaty. Not 1920 11 Nov. ratified [L.S., 1920, Int. 6]. 141, 196 75,126, 186, 170,189,190, 210,214 207 158 254 195 98, 102 216, 218 48 75. 90, 107, 112,122,144, 192,193,196, 221 258 50 76, 77, 90, 112,118,119, 151,189,192, 193,201,202, 216,221, 225 BILATERAL TREATIES 1920 Japan-Paraguay.—Cf. 17 Nov. 1919. 29-30 Nov. Great Britain-Portugal.—Arrangement ; 1920 Abolition of the capitulations in Egypt. Exch. 9 Dec. rat., 29 Sept. 1921 [T.S., No. 192, Vol. VII, p. 258]. 1921 Belgium-Netherlands.—Convention : An9 Feb. cident Insurance. Exch. rat., 13 April 1922 [T.S., No. 299, Vol. XI, p. 334.—L.S., 1921, Int. 3]. 1921 France-Belgium.—Convention : Miners’ 14 Feb. Pensions. Exch. rat., 15 June 1922 [T.S., No. 317, Vol. XII, p. 245.—L.S., 1921, Int. 1]. Cf. also 21 May 1927. 1921 Belgium-Great Britain.—Convention : 15 March Belgian traffic across East Africa [T.S., No. 138, Vol. V, p. 320]. Italy-Switzerland.—Notes : Reciprocity of 1921 4, 11, 15 treatment in respect of Unemployment Relief and [L.S., 1921, Int. 2]. 16 March 1921 Russia-Turkey.—Treaty of Fraternal Con16 March cord (Article 8). Exch. rat., 22 Sept. 1921 [N.R.G.M., 3rd ser., Vol. XVI, p. 37]. 1921 Italy-Czechoslovakia.—Treaty of Com23 March merce and Navigation (Article 35). Exch. rat., 1 March 1924 [T.S., No. 815, Vol. XXXII, p. 184]. 1921 Great Britain-Norway.—Arrangement : 22 April Suppression of the capitulations in Egypt TT.S., No 114, Vol. V., p. 34]. 1921 Austria - Czechoslovakia. — Commercial 4 May Agreement : (Articles 2, 3 and 22, and Schedule A to Article 12). Exch. rat., 4 Nov. 1922 [T.S., No. 388, Vol. XV, p. 13.—Extract, L.S., 1922, Int. 1]. 1921 Latvia-Lithuania.—Convention : Rights of 14 May the Respective Citizens. Exch. rat., 20 May 1922 [T.S., No. 439, Vol. XVII, p. 234]. 1921 Germany-China.—Notes appended to the 20 May Treaty of Peace and Amity [T.S., No. 261, Vol. IX, p. 272]. 1921 Austria - Poland. — Agreement : Reeruit24 June ment of Polish agricultural workers for Austria. Cf. also 25 September 1922. 1921 Great Britain-Sweden.—Exchange of 24 May Notes : Lunatics. Came into immediate opera21 Sept. tion [T.S., No. 181, Vol. VII, p. 127]. 1921 Great Britain-Sweden.—Arrangement : Suppression of the capitulations in Egypt. 8 July Ratification not provided for [T.S., No. 139, Vol. V, p. 330]. 281 31 81,98,102 208 219 60 225 91 112,118.193, 195, 217 81,98,102 42, 59, 62, 130,195, 258 30,68, 80, 83, 90,105 118 76 117 81, 98, 102 282 1921 12 July 1921 14 July 1921 29 June 18 Aug. 1921 28 June, 22 July, 7 Sept. 1921 4 July 20 Sept. 1921 26 Sept. CHRONOLOGICAL LIST OF TREATIES, ETC. Germany-Denmark.—Cf. 23 Oct. 1920. 258 Denmark-Great Britain.—Arrangement : 81,98,102 Legal position of Danish nationals in Egypt. Ratification not provided for [T.S., No. 151, Vol. VI, p. 182]. Germany-Austria.—Exchange of Notes : 224 Unemployment Relief. Came into retrospective operation as at 9 May 1920 [T.S., No. 753, Vol. XXIX, p. 430]. Gf. also 18 Feb. 1924 and 29 Feb. 1928. Sweden-Czechoslovakia.—Exchange of 117 Notes : Lunatics. Came into immediate operation [T.S., No. 177, Vol. VII, p. 97]. Portugal-Sweden.—Exchange of Notes : Lunatics. Came into immediate operation [T.S., No. 183, Vol. VII, p. 143]. China-Mexico.—Exchange of Notes : Provisional Amendment of the Treaty of Amity, Commerce and Navigation dated 14 Dec. 1899 ; Immigration of Workers. Came into operation on the date of Exchange of Notes [T.S., No. 352, Vol. XIII, p. 202]. 1921 Brazil-Italy.—Convention : Emigration and 8 Oct. Labour. Exch. rat., 17 March 1923 [T.S., No. 401, Vol. XVI, p. 10.—L.S., 1921, Int. 1]. 1921 France-Turkey.—Agreement with a view to promoting peace (Article XIII). Approved 20 Oct. by the French Government 28 Oct. 1921, such approbation entailing de plano that of the Turkish Government [T.S., No. 1284, Vol. LIV, p. 178]. 1921 Danzig (Free City of)-Poland.—Supple24 Oct. mentary Convention to that of 9 Nov. 1920 (Articles 14 to 31 and 62 to 64). Exch. raj., 31 Dec. 1921 [N.R.G.M., 3rd ser., Vol. XVI, p. 135]. 1921 Belgium-France.—Convention regarding Public Relief. Exch. rat., 14 Dec. 1923 [T.S., 30 Nov. No. 680, Vol. XXVII, p. 174]. Cf. also 13 May 1924. Germany-Kingdom of the Serbs, Croats 1921 and Slovenes.—Treaty of Commerce (Arti5 Dec. cle 8). Exch. rat., 10 June 1922 [N.R.G.M., 3rd ser., Vol. XV, p. 849]. 1921 Flnlandr-Russia.^—Arrangement : trans14 Dec. port of passengers. Came into operation without ratification [T.S.. No. 414, Vol. XVI, p. 222]. Sweden - Switzerland. — Exchange of 1921 17-19 Dec. Notes : Passport Visas [T.S., No. 239, Vol. IX, p. 12]. 117 34 60,163,189. 192,216 259 105 107,108, 122 59 52 43 BILATERAL TREATIES 1922 20 Jan. 1922 8 Feb. 1922 11 Feb. 1922 6 April 1922 10 April 1922 12 May 1922 15 May 1922 18 May 1922 24 June 1922 24 June 1922 24 June 1922 26 June 1922 6 July 30 Aug. 1922 7 July Germany-Czechoslovakia.—Treaty : Legal Safeguards and Legal Assistance in Proceedings under Civil Law. Bxch. rat., 28 May 1924 [T.S., No. 648, Vol. XXVI, p. 202]. Austria-Hungary.—Commercial Convention. Exch. rat., 20 Feb. 1922 [T.S., No.402, Vol. XVI, p. 19]. United States-Japan.—Treaty : Pacific Ocean Islands under Japanese Mandate [T.S., No. 311, Vol. XII, p. 202]. Italy-Czechoslovakia.—Agreement : Legal position of respective subjects. Exch. rat., 31 May 1926 [T.S., No. 1314, Vol. LV, p. 189]. Germany-Denmark.—Agreement : Grazing Traffic [T.S., No. 730, Vol. XXIX, p. 10]. Italy - Poland.—Commercial Convention (Article 16). Exch. rat., 15 March 1923 [T.S., No. 1399, Vol. LIX, p. 293.—Extract, L.S., 1922, Int. 2]. Germany-Poland.—Convention : Upper Silesia. Exch. rat., 3 June 1922 [N.R.G.M., 3rd ser., Vol. XVI, p. 645 i]. Complementary Agreements of 15 July 1922 [T.S., No. 654, Vol. XXVI, p. 354] and 10 July 1923 [T.S., No. 884, Vol. XXXIV, p. 35]. France-Swltzerland.—Declaration : Situation of Belgians in French Equatorial Africa [Feuille fédérale, 1922, Vol. II, p. 629]. Germany-Free City of Danzig-Poland. —Agreement : Privileged Transit. Exch. rat., 30 April 1924 [T.S., No. 653, Vol. XXVI, p. 272]. Latvia-Russian Federal Soviet Republic and the Soviet Republics of the Ukraine and White Russia.—Sanitary Convention (Article 26). Exch. rat., 18 Oct. 1923 [T.S., No. 966, Vol. XXXVIII, p. 10]. Estonia-Latvia.—Sanitary Convention (Article 26). Exch. rat., 30 Nov. 1923 [T.S., No. 967, Vol. XXXVIII, p. 58]. Poland-Switzerland.—Commercial Convention (Article 10). Exch. rat., 5 Aug. 1922 [T.S., No. 322, Vol. XII, p. 306]. Switzerland - Norway.—Diplomatic Correspondence concerning Passports [N.R.G.M., 3rd ser., Vol. XVI, p. 632]. Latvia-Poland.—Sanitary Convention (Artide 14). Exch. rat, 7 April 1925 [T.S., No. 958, Vol. XXXVIII, p. 318]. 283 104 132,179 248 104 260 50,54 60, 254, 258 242 60 65 65 59, 179 43 65 1 By a printer’s error, the title of this Convention appears in the Recueil Martens with the date : 15 March. This should read : 15 May. 284 CHRONOLOGICAL LIST OF TREATIES, ETC. 1922 27 July Germany-France.—Convention : Crews on Rhine Vessels [Bulletin du ministère du Travail, 1922, Nos. 10-11-12, p. 365.—L.S., 1922, Int. 4]. Brazil-Great Britain.—Treaty : Double nationality. Finland-Russia.—Convention : Repatriation. Came into operation without ratification [T.S., No. 489, Vol. XIX, p. 106]. Germany-Belgium.—Arrangement relating to option. Exch. rat., 15 Sept. 1924 [T.S., No. 1009, Vol. XLI, p. 141]. Poland-Czechoslovakla.—Convention : Permission to doctors and midwives of one of the two countries to practise their profession in the other country. Exch. rat., 27 May 1926 [T.S., No. 1216, Vol. L, p. 321]. Austria - Poland.—Commercial Convention (Article 20). Exch. rat., 5 Jan. 1923 [T.S., No. 1400, Vol. LIX, p. 307]. France - Czechoslovakia. — Convention : Legal Protection and Assistance. Exch. rat., 27 Feh. 1926 [T.S., No. 1141, Vol. XLVII, p. 365]. Latvia-Czechoslovakia.—Treaty of Commerce (Articles 13, 14 and 18). Exch. rat., 25 Oct. 1923 [T.S., No. 528, Vol. XX, p. 380). Great Britain-Iraq.—Treaty of Alliance (Article XI). Exch. rat., 19 Dec. 1924 [T.S., No. 890, Vol. XXXV, p. 14]. Cf. also 30 April 1923. Mexico-Sweden.—Exchange of Notes : Lunatics [T.S., No. 459, Vol. XVIII, p. 122]. 180,199,216 221,228 Estonia-Hungary.—Treaty of Commerce. Exch. rat., 9 Sept. 1924 [T.S., No. 774, Vol. XXX, p. 348]. Belgium-Sweden.—Exchange of Notes : Lunatics [T.S., No. 459, Vol. XVIII, p. 122]. Finland-Russia.—Convention : Conditions of Free Transit for the Russian State and its nationals through the Territory of Petsamo (Petchunga). Came into operation 28 Nov. 1922 [T.S., No. 493, Vol XIX, p. 200]. Belgium-France.—Arrangement for the execution of the Convention of 14 Feh. 1921 coneerning miners’ pensions [Bulletin du ministère du Travail, Paris, 1922. Nos. 10-1112, p. 362.—L.S., 1922, Int.3]. Japan-Poland.—Treaty of Commerce and Navigation. Exch. rat., 8 Jan. 1925 [T.S., No. 806, Vol. XXXII, p. 62]. 177 1922 29 July 1922 12 Aug. 1922 11 Sept. 1922 23 Sept. 1922 25 Sept. 1922 7 Oct. 1922 7 Oct. 1922 10 Oct. 1922 19 Oct. 28 July 1922 19 Oct. 1922 25 Oct. 1922 28 Oct. 1922 7 Nov. 1922 7 Dec. 100 255 255 182 132,189,195 104 59 102 117 116 60 219 31 285 BILATERAL TREATIES 1922 20 Dec. 1922 21 Dec. 1922 30 Dec. 1923 4- Jan. 1923 30 Jan. 1923 7 Feb. 1923 13 Feb. 1923 16 Feb. Poland-Rumania.—Sanitary Convention (Article 13). Exch. rat., 11 July 1923 [T.S., No. 458, Vol. XVIII, p. 104]. Italy-Czechoslovakia.—Agreement : Passports and Visas [Gazzetta Ufflciale, 1923, No. 106.—Sammlung der Gesetze und Verordnungen der tschekoslowakischen Republik, No. 15, 19 Jan. 1924]. Economic Union of Belgium and Luxemburg-Poland.—Treaty of Commerce (Articles 9 and 11 and Final Protocol). Exch. rat., 20 Sept. 1923 [T.S., No. 542, Vol. XXI, p. 184]. France-Luxemburg.—Convention : Public Relief. Promulgated in France by Decree dated 28 Aug. 1924 [Journal officiel, 31 Aug. 1924, p. 8065]. Cf. also 28 May-30 Nov. 1926. Greece-Turkey.—Convention : Exchange of Greek and Turkish population; followed by a Protocol. Ratified by Greece on 25 Aug. 1925, and by Turkey on 24 Aug. 1925 [T.S., No. 807, Vol. XXXII, p. 75]. Cf. also 1 December 1926. Poland-Russia.—Sanitary Convention. Exch. rat., 8 Jan. 1924 [T.S., No. 1186, Vol. XLIX, p. 285]. United States-France.—Establishment in the part of the Cameroons under French Mandate. Exch. rat., 3 June 1924 [T.S., No. 640, Vol. XXVI, p. 54]. Belgium-Swltzerland.—Convention : Position of Swiss Nationals in the Belgian Congo. Came into operation on 20 Sept. 1923 [N.R. G.M., 3rd. ser., Vol. XV, p. 304]. Hungary - Sweden. — Notes : Lunatics [T.S., No. 426, Vol. XVII. p. 36]. 1923 26 Feb. 1921 26 May 1923 Kingdom of the Serbs, Groats and Slo17 March venes-Czechoslovakia.—Convention ; Regulation of Legal Relations. Exch. rat., 6 June 1924 [T.S., No. 678, Vol. XXX, p. 185]. 1923 Germany-Switzerland.—Treaty and Pro24 March tocol ; Double taxation in respect of earned income. Exch. rat., 20 Dec. 1923 [T.S., No 666, Vol. XXVIII, p. 42]. 1923 Liechtenstein-Switzerland.—Treaty : Re29 March garding inclusion of the Principality of Liechtenstein in the Swiss Customs Area, with Final Protocol. Exch. rat., 28 Dec. 1923 [T.S., No. 545, Vol. XXI, p. 232]. 1923 Luxemburg-Sweden.—Exchange of Notes : 11 April Lunatics [T.S., No. 423, Vol. XVI, p. 454]. 1921 15 June 65 62 49, 54. 59, 179 107,108,122 255 65 248 242 117 94,105 122 39, 259 117 286 CHRONOLOGICAL LIST OF TREATIES, ETC. 1923 14 April Egypt-Italy.—Agreement : Nationality of 98 Lybians residing in Egypt. Exch. rat., 29 Dec. 1923 [N.R.G.M., 3rd ser., Vol. XV, p. 317]. Denmark-Russia.—Preliminary Agree- 178 ment : Economic and Political relations. Exch. rat., 15 July 1923 [T.S., No. 450, Vol. XVIII, p. 16]. Finland-Norway.—^Notes : Lunatics [T.S., 116 No. 496, Vol. XIX, p. 226], 1923 23 April 1923 9 March 28 April 1923 30 April 1922 10 Oct. 1923 28 April 2 May Great Britain-Iraq.—Treaty of Allianee (Article XI). Exch. rat., 19 Dec. 1924 [T.S., No. 890, Vol. XXXV, p. 29]. Cf. also 25 March 1924. Germany-Czechoslova kia.—Protocol and Notes : Treatment of Nationals of the two countries. Came into operation 2 May 1923 [T.S., No. 793, Vol XXIX, p. 165]. 1923 Japan-Sweden.—Exchange of Notes : 1-5 May Lunatics [T.S., No. 446, Vol. XVII, p. 391]. Poland-Kingdom of the Serbs, Croats 1923 9 May and Slovenes.—Convention : Medical aid. Exch. rat., 20 Feb. 1924 [T.S., No. 1187, Vol. XLIX, p. 315]. Greece-Kingdom of the Serbs, Croats 1923 10 May and Slovenes.—Convention and Protocol : Transit via Salónica. Exch. rat., 30 May 1924 [T.S., No. 635, Vol. XXV, p. 442]. 1923 France-Great Britain.—Exchange of 24 May Notes : Nationality in Tunis and in Morocco [T.S., No. 472, Vol. XVIII, p. 306]. 1923 Germany-Lithuania.—Treaty of Com1 June merce (Articles 21, 22, 23 and 31. Exch. rat., 5 May 1926 [T.S., No. 1244, Vol. LI, p. 387.— Extract : L.S., 1923, Int. 4]. Cf. also 16 July 1925. Germany-Austria.—Treaty ; Legal Safe1923 21 June guards and Legal Assistance. Exch. rat., 14 April 1924 [T.S., No. 668, Vol XXVII, p. 58]. 1923 Great Brltain-Latvia.—Treaty of Com22 June merce and Navigation (Article 13). Exch. rat., 5 Nov. 1923 [T.S., No. 529, Vol. XX, p. 396]. 1923 Germany-Estonia.—Commercial Agree27 June ment (Article 7). Bxch. rat., 5 Sept. 1924 [T.S., No. 1013, Vol. XLI, p. 161]. 1923 Denmark-Sweden.—Exchange of Notes : 9-13 July Lunatics [T.S., Nos. 460 and 461, Vol. XVIII, pp. 131 and 143]. 1923 Belgium-Luxemburg.—Declaration rela17 July ting to relief and repatriation of paupers. Came into operation 1 Aug. 1923 [T.S., No. 686, Vol. XXVII, p. 236]. 102 69 117 111 60 99 49, 68, 148 177,200 104 59 118 116 109, 116 BILATERAL TREATIES 1923 18 July 1923 31 May 21 July 1923 23 July 1923 30 April 27 July 1923 17 Aug. Denmark-Lithuanla.—Provisional Commercial Agreement [T.S., No. 518, Vol. XX, p. 918]. Germany-Saar Basin Governing Commission.—Agreement : Social insurance [T.S., No. 693, Vol. XXVII, p. 296]. Poland-Turkey.—Residence Convention. Exch. rat., 17 March 1924 [T.S., No. 1190, Vol. XLIX, p. 346]. Chile-Norway.—Notes : Lunatics [T.S., No. 848, Vol. XXXIII, p. 250]. France - Czechoslovakia. — Commercial Convention : Protocol of Signature (Article 28). Came into operation 1 Sept. 1923 [T.S„ No. 1080, Vol. XLIV, p. 21]. 1923 Flnland-Sweden.—Arrangement : Work11 Sept. men’s Compensation for Accidents. Came into immediate operation [T.S., No. 508, Vol. XX, p. 79.—L.S., 1923, Int. 3]. Belgium-Luxemburg.—Agreement : In1023 21 Sept. tellectual opportunities and schools [Moniteur Belge, No. 123, 2 May 1924, p. 2317]. 1923 France-Norway.—Notes : Lunatics [T.S., 14 March No. 847, Vol. XXXIII, p. 238], 1 Oct. 1923 Mexico-Norway.—Idem. [T.S., No. 849, 14 March Vol. XXXIII, p. 256]. 1 Oct. 1923 Belgium-Italy.—Administrative Agree1 Oct. ment : Recruitment of Italian Workers for Belgian Industry. 1923 Germany-South Africa.—^Memorandum : 23 Oct. Legal position of Germans residing in the Mandated Territory of South-West Africa [T.S., No. 721, Vol. XXVIII, p. 418]. 1923 1 Nov. 1923 23 Oct. 6 Nov. 1923 10 Nov. 1928 16 Nov. 287 178 194 et seq. 30, 68, 86 105,178 116 177 212, 218 118 117 117 135 248 Estonia-Latvia.—Treaty ; Economic and 212 Customs Union (Articles 1 to 5, 8 and 12). Exch. rat., 21 Feb. 1924 [T.S., No. 624, Vol. XXV, p, 360.—Extract : L.S., 1923, Int. 6]. Japan-Norway.—Notes ; Lunatics [T.S., 117 No. 850, Vol. XXXIII, p. 266]. Finland-Poland.—Treaty of Commerce 179,195 and Navigation (Article 12). Exch. rat.,3 Sept. 1924 [T.S., No 744, Vol. XXIX, p. 230.— Extract : L.S. 1923, Int. 5]. Japan-Kingdom of the Serbs, Croats 31 and Slovenes.—Treaty of Commerce and Navigation. Exch. rat., 13 Jan. 1925 [T.S., No.1035, Vol. XLII, p. 99]. 288 1923 19 Nov. CHRONOLOGICAL LIST OF TREATIES, ETC. Himgary-Latvia.—Treaty of Commerce and Navigation (Articles 1 to 3, 7 to 9, and 19). Ech. rat., 7 May 1925 [T.S., Vol. XXXVII, p. 342]. 1923 United States-Bulgaria.—Treaty : Natu23 Nov. ralisation. Exch. rat., 5 April 1924 [T.S., No. 611, Vol. XXV, p. 238]. 1923 Bulgaria-Kingdom of the Serbs, Croats 26 Nov. and Slovenes.—Convention : Free medical aid and hospital treatment. Exch. rat., 8 July 1924 [T.S., No. 644, Vol. XXVI, p. 142]. 1923 Bulgaria-Kingdom of the Serbs, Croats 26 Nov. and Slovenes.—Convention : Legal aid. Exch. rat., 8 July 1924 [T.S., No. 642, Vol. XXVI, p. 86]. 1923 Great Britain-Poland.—Treaty of Com26 Nov. merce and Navigation (Article 2). Exch. rat. Adhesion of Danzig, 1 July 1924 [T.S., No. 722, Vol. XXVIII, p. 429]. 1923 Estonia-Sweden.—Declaration : Appli27 Nov. cation of the Convention of 17 July 1905 on Civil Procedure [T.S., No. 1355, Vol. LVII, p. 83]. 1923 Denmark-Norway.—Notes : Lunatics 14-30 Nov. [T.S., No. 555, Vol. XXII. p. 122]. Denmark-Flnland.—Declaration : Work1923 ers’ accident insurance. Came into operation 30 Nov. without ratification [T.S., No. 571, Vol. XXII, p. 428.—L.S., 1923, Int. 3]. Germany-United States.—Treaty of 1923 Friendship, Commerce and Consular Relations 8 Dec. (Articles 1, 2 and 25). Ratified with two reservations by the Washington Senate. Exch. rat., 14 Oct. 1925 [T.S., No 1254, Vol. LII, p. 134]. Great Britain-Finland.—Treaty of Com1923 14 Dec. merce and Navigation (Article 11). Exch. rat., 4 July 1924 [T.S., Vol. XXIX, p. 129]. Albania-Turkey.—Treaty of Amity. Exch. 1923 15 Dec. rat., 30 May 1925 [N.R.G.M., 3rd ser., Vol. XV, p. 468]. Switzerland - Liechtenstein.—Agreement 1923 concerning police regulations applicable to 28 Dec. foreigners [N.R.G.M., 3rd ser., Vol. XVII, p. 404]. Estonia-Latvia.—^Agreement : concerning 1924 the crossing of the frontier by the inhabitants 10 Jan. of the frontier zone. Came into operation on 1 March 1924 [T.S., No. 968, Vol. XXXVIII, p. 104, and XLV, p. 178]. Cf. also 21 May 1924. 179 98,99 110 105 48,54 103 116 210, 212 29,216,218 59 67 39, 154 257 BILATERAL TREATIES 1924 28 Jan. 1924 18 Feb. 1924 29 Feb. 1924 29 Feb. 1924 1 March 1924 4 March 1924 5 March 1924 5 March 1924 10 March 1924 18 March 1924 19 March 1924 25 March 1924 4 April 1924 16 April Austrla-Turkey.—Convention : Residence. Exch. rat., 23 Oct. 1924 [T.S.. No. 822, Vol. XXXII, p. 304]. Germany-Austria.—Exchange of Notes : Relief for the unemployed. Came into operation on 3 March 1924 [T.S., No. 754, Vol. XXIX, p. 436]. Albania-Italy.—Consular Convention (Articles 14 and 15). Exch. rat., 21 Jan. 1926 [T.S., No. 1093, Vol. XLIV, p. 343]. Albania-Italy.—Convention : Residence. Exch. rat., 21 Jan. 1926 [T.S., No. 1092, Vol. XLIV, p. 331]. Italy-Czechoslovakia.—Consular Convention (Article 11). Exch. rat., 19 Jan. 1925 [T.S., No. 867,. Vol. XXXIV, p. 56]. Germany-Czechoslovakla.—Agreement : Frontier Traffic [T.S., No 1018, Vol. XLI, p. 243]. Germany-Poland.—Treaty : Civil and Criminal Law (Articles 5 and 6). Exch. rat., 31 March 1926 [T.S., No. 1182, Vol. XLIX, p. 182]. Germany-Poland.—Convention : Guardianship of Minors. Exch. rat., 31 March 1926 [T.S., No. 1184, Vol. XLIX, p. 251]. Japan-Siam.—Treaty of Commerce and Navigation. Exch. rat., 22 Dec. 1924 [T.S., No. 795, Vol. XXXI, p. 188]. Estonia-Finland.—Declaration : Application of the Convention dated 17 July 1905 relating to Private Law. Exch. rat., 4 Dec. 1924 [T.S., No. 811, Vol. XXXII, p. 120]. Austria-Poland.—Convention : Mutual relations of Courts and Authorities. Exch. rat., 13 July 1926 [T.S., No. 1326, Vol. LVI, p. 95]. Great Brltain-Iraq.—Judicial Agreement concluded in execution of Article IX of the Treaty between Great Britain and Iraq. Exch. rat., 19 Dec. 1924 [T.S., No. 893-4, Vol. XXXV, p. 132]. United States-France.—Convention : Rights of the two Governments and of their respective nationals in Syria and Lebanon. Exch. rat., 13 July 1924 [N.R.G.M., 3rd ser., Vol. XV, p. 283]. Hungary-Rumania.—Commercial Agreement with Annexes : Annex II, provisions for facilitating local frontier traffic. Exch. rat., 3 Dec. 1924 [T.S., No. 1114, Vol. XLVI, p.95]. 289 86,178 224 50,54,190 195 67, 86,118 178 124 25 et seq. 105 94 102 103 104 102 248 257 et seq. 19 290 CHRONOLOGICAL LIST OF TREATIES, ETC. 1924 17 April France-Poland.—Agreement : Improvement of the system of immigration applied to Polish Workers ; concluded in virtue of Articles 12 and 14 of the Labour Treaty of 3 Sept. 1919 [Bulletin du Ministère du Travail, AprilMay-June 1925, p. 205]. Poland-Russia.—Convention : Through traffic of travellers and goods. Exch. rat., 7 May 1925 [T.S., No. 947, Vol. XXXVII, p. 34], Finland-Norway.—Convention : Movement of travellers on the Pasvik and Jakobsels. Exch. rat., 26 Sept. 1929 [T.S., No. 757, Vol, XXX, p. 36]. France-Belgium.—Agreement : Execution of the Franco-Belgian Relief Convention dated 30 Nov. 1921 [Bulletin du Ministère du Travail, Paris 1924, Nos.7-8-9, p. 235]. Latvla-Lithuania.—Agreement: Social welfare. Came into operation on 7 Aug. 1924 [T.S., No.960, Vol. XXXVII, p. 364]. Estonia-Lithuanla.—Exchange of Notes : Facilities to be granted to the nationals of both countries with a view to facilitating traffic [T.S., No. 1454, Vol. LXII, p. 557]. France-Italy.—Agreement : Execution of Article 7 (workers’ pensions) of the Labour Treaty dated 30 Sept. 1919 [Gazzetta Ufficiale, 1925, No. 92, p. 1418.—Journal officiel, 1925, No. 34, p. 1549.—L.S., 1924. Int. I. (A)]. Austria-Great Britain.—Treaty of Commerce and Navigation. Exch. rat., 11 Feb. 1925 [T.S., No. 895, Vol. XXXV, p. 175]. Netherlands-Poland.—Treaty of Commerce and Navigation (Articles 9 to 12) and annexed Protocol (Articles XI and XVII). Applicable also to Dutch Indies, Surinam, Curaçao ; and to the Free City of Danzig, with the exception of Article 9. Exeh. rat., 5 May 1925 [T.S., No.865, Vol. XXXIV, p. 9.— Extract : L.S., 1924, Int. 4]. Denmark - Czechoslovakia. — Notes : Agreement relating to exchange of persons studying agriculture. Came into immediate operation [T.S., No.l357, Vol. LVII, p. 115]. Great Britain-Norway.^—Notes : Agreement relating to Lunatics. Came into immediate operation [T.S., No. 683, Vol. XLV, p. 119]. Finland-Latvia.—Declaration : Application of the Convention dated 17 July 1905 relating to .Civil Procedure [T.S., No. 1382, Vol. LVIII, p. 375]. 1924 24 April 1924 28 April 1924 13 May 1924 21 May 1924 21 May 1924 22 May 1924 22 May 1924 . 30 May 1924 2 June 1924 2-5 June 1924 7 June 118,145,192 52 60 107,109 111,115 257 141,221 30 49, 59,178 203 182 117 103 BILATERAL TREATIES 1924 27 June 1924 30 June 4 June 1924 15 July 1924 14 Aug. 1924 21 Aug. 1924 7 Oet. 1924 8 Oct. 1924 18 Oct. 1924 22 Oct. 1924 3 Nov. 1924 15 Nov. 1924 22 Nov. 1924 2 Dec. Economic Union of Belgium, Luxemburg and Poland-Japan.—Treaty of Commerce and Navigation. Exch. rat., 30 May 1925 [T.S., No. 907, Vol. XXXVI, p. 96]. Italy-France.—Agreement relating to the execution of Articles 12 and 16 (medical and hospital treatment) of the Labour Treaty between Italy and Prance, dated 30 Sept. 1919 [Gazzetta Ufficiale 1925, No. 93, p. 1438.— Journal officiel 1925, No. 34, p. 1551.—L.S., 1924, Int. 1(B)]. Great Brltain-Italy.—Treaties : Frontiers of the respective territories situated in Africa (Article 3). Bxch. rat., 1 May 1925 [T.S., No. 936, Vol. XXXVI, p. 380]. Latvia-Norway.—Treaty of Commerce and Navigation (Article 10). Exch. rat., 10 June 1925 [T.S., No. 924, Vol. XXXVI, p. 212]. Italy-Kingdom of the Serbs, Groats and Slovenes.—Convention : Establishment and Consular Relations (Articles 1, 3 and 19). Argentina-Norway.—Convention : Notification of Confinement of Persons of Unsound Mind [T.S., No. 843, Vol. XXXIII, p. 192]. Japan-Mexico.—Treaty of Commerce and Navigation (Articles 1 to 5, and 25). Exch. rat., 4 May 1925 [T.S., No. 927, Vol. XXXVI, p. 260]. Latvia-Lithuanla.—Agreement : Concerning the crossing of the frontier by the inhabitants of the frontier zone [T.S., No. 1327, Vol. LVI, p. 157]. Argentina-Belgium.—Convention : Hospital treatment and medical assistance. (Text communicated by the Belgian Government.) Denmark-Latvla.—Treaty of Commerce and Navigation (Article 32). Exch. rat., 25 April 1925 [T.S., No. 825, Vol. XXXIII, p. 394]. Latvia-Sweden.—Declaration : Application of the Convention of 17 July 1905 relating to Civil Procedure. Exch. rat., 18 June 1926 [T.S., No. 1328, Vol. LVI, p. 173]. Estonia-Latvia.—Agreement : Social Relief. Exch. rat., 28 May 1927 [T.S., No. 1476, Vol. LXIII, p. 13]. Protocol dated 3 March 1926, additional to Articles 8 and 10 (unpublished). Germany-Great Britain.—Treaty of Commerce and Navigation with protocol (Article 6 of the Protocol). Exch. rat., 8 Sept. 1925 [T.S., No. 1050, Vol. XLIII, p. 89]. Adhesion of Colonies, Mandated Territories and British Protectorates [T.S., Vol. XIV, pp. 189 and 196; Vol. LIV, p. 407]. 291 31 107,109,141 242 59 86, 124, 153 178,201 116 31 257 110 49 103 111 49, 59 292 CHRONOLOGICAL LIST OF TREATIES, ETC. 1924 3 Dec. United States-Great Britain.—Convention : Rights of Giovernments and nationals of the two States in Palestine. Exch. rat., 3 Dec. 1924 [T.S., No. 1046, Vol. XLIII, p. 41]. Latvia - Switzerland. — Convention and Protocol ; Commerce. Exch. rat., 2 May 1925 [T.S., No. 889, Vol. XXXIV, p. 406]. France-Poland.—Treaty of Commerce [Articles 20, 29, and 31]. Came into provisional operation on 10 July 1925 [T.S., No.1081, Vol. XLIV, p. 127]. Germany-Czechoslovakia .—Conventions : (1) Conditions of Labour and Employment, and Social Insurance of the Crews of Vessels navigating on the Oder and surrendered by Germany to Czechoslovakia. With final protocol. Exch. rat., 19 Nov. 1925; (2) . . . Czechoslovak vessels navigating on the Elbe. Exch. rat., 19 Nov. 1925 [T.S., Nos. 1248 and 1249, Vol. LII, pp. 31 and 41]. Argentina-Belgium.—Convention : Workmen’s compensation for aceidents [Revue du Travail, Brussels, 1925, No. 10, p. 1898.— L.S., 1924, Int. 5]. Belgium-France.—Labour Treaty. Exch. rat., 10 Feb. 1928 [Revue du Travail, Brussels, 1925, No. 2, p. 428. — Bulletin du Ministère du Travail, Paris, Jan.-Feb.-March, p. 86.— L.S., 1924, Int. 3]. Germany-Poland.—Arrangement : Minor frontier traffic. Exch. rat., 22 June 1926 [T.S., No. 1250, Vol. LII, p. 51]. Norway-Netherlands.—Convention : Compensation for Aceidents to Seamen and Industrial Workers. Exch. rat., 4 May 1926 [T.S., No. 1166, Vol. XLVIII, p. 247.—L.S., 1925, Int. 1]. Japan-Union of Socialist Soviet Republics.—Convention embodying basic rules of the relations between these eountries (Articles 4 and5). Exch. rat., 26 Feb. 1925 [T.S., No. 866, Vol. XXXIV, p. 32]. ■ France-Poland.—;Protocol, confirmed by that of 20 Feb., signed in virtue of Articles 12 and 14 of the Labour Treaty of 3 Sept. 1919 [Bulletin du Ministère du Travail, April-MayJune, 1925, pp. 207 and 210]. United States-United Kingdom.—Conventions : Bights of the Governments of the two countries and their respective nationals in : (1) the former German Colony of Bast Africa; (2) the former German Protectorate of the Cameroons ; (3) the former German Protectorate of Togo (Article 5). Exch. rat., 8 July 1925 [T.S., Nos. 1309,1310, and 1311, Vol. LV, pp. 119-145]. 1924 4 Dec. 1924 9 Dec. 1924 15 Dec. 1924 24 Dec. 1924 24 Dec. 1924 30 Dec. 1925 9 Jan. 1925 20 Jan. 1925 3 Feb. 1925 10 Feb. 248 178 49,122 200, 221 206 76,122,126, 133,143, 189,193, 105, 223 258 217 91 52. 67, 137 145,190 248 BILATERAL TREATIES 1925 14 Feb. 1925 16 Feb. 1925 3 March 1925 4 March 1925 6 March 1925 15 March 1922 28 Oct. 1925 25 March 1925 26 March 1925 4 April 1925 16 AprU 1925 18 April 1925 23 April 1925 29 April France-Siam.—Treaty of Amity, Commerce and Navigation; with protocol concerning the jurisdiction applicable to French Nationals (Citizens, Subjects, and Protected Persons) in Siam. Exch. rat., 12 Jan. 1926 [T.S., No. 1055, Vol. XLIII, p. 189]. France-Latvia.—Commercial Convention (Article 19 (3)) [Likumu . . . Krajums 1925, 5 burtnica, p. 83]. Costa Rica-Spain.—Convention : Reciprocal recognition of the validity of academic qualifications and equivalence of courses of studies. Exch. rat., 25 Aug. 1927 [Gaceta oficial de Costa Rica, 28 Aug. 1927.—Gaceta de Madrid, 12 Nov. 1927, p. 890]. Austrla-France.—Convention : Protection and Legal Aid, Exch. rat., 10 April 1928 [Bundesgesetzblatt für die Republik Oesterreich, No. 46, 20 June 1928, p. 1181.—Journal officiel, Nö. 119, 20 May 1928, p. 5634]. Poland-Gzechoslovakia.—Agreement concerning Legal Relations : Civil, Penal, and NonContentious Cases. Exch. rat., 14 Dec. 1925 [T.S., 1120, Vol. XLVI, p. 201]. Lithuania - Switzerland.—Exchange of Notes : Commercial Agreement [N.R.G.M., 3rd ser.. Vol. XVII, p. 116]. Egypt-France.—Agreement : Protection in Egypt of Moroccan Natives [N.R.G.M., 3rd ser.. Vol. XVIII, p. 66]. Hungary-Poland.—Commercial Convention (Article 12). Exch. rat., 4 Sept. 1925 [T.S., No. 954, Vol. XXXVII, p. 152]. Germany-Economic Union of Belgium and Luxemburg.—^Provisional Commercial Agreement (Article 12). Exch. rat., 16 Sept. 1925 [T.S., No. 957, Vol. XXXVII, p. 204]. Rumania-Czechoslovakla.—Protocol : Regime to be applied to Estates in the Frontier Zone. Exch. rat., 15 Jan. 1926 [T.S., No. 1126, Vol. XLVI, p. 427]. Sweden-Czechoslovakia.—Convention : Commerce and Navigation. Came into operation by mutual agreement on 27 June 1925 [T.S., No. 929, Vol. XXXVI, p. 290]. Poland - Czechoslovakia. — Commercial Convention with final Protocol (Article 17). Exch. rat., 22 Oct. 1926 [T.S., No. 1367, Vol. LVIII, p. 9]. Bulgaria-Poland.—Provisional Arrangement : Commerce and Navigation (Articles 9 and 10). Exch. rat., 12 Jan. 1927 [T.S., No. 1408, Vol. LX, p. 103]. 293 101 50 118,181 104 105 111 238 48 30,49,50, 177 257 et seq. 177 58,87 59,179 294 CHRONOLOGICAL LIST OF TREATIES, ETC. 1025 7 May Rumania-Czechoslovakla.—Agreement : Reciprocal judicial protection and legal assistance in regard to Civil and Commercial law. Exch. rat., 9 July 1926 [T.S., No. 1272, Vol. LIV, p. 18]. Great Britain-Italy.—Agreement : Exercise of the profession of medicine on the respective territories. Came into operation on the date of signature [T.S., No. 1048, Vol. XLIII, p. 75]. Austria-Switzerland.—Treaty : Application of previous Treaties concerning legal relations ; with final protocol relating to conditions of establishment, and two exchanges of Notes relating thereto dated 6 March 1926 [T.S., No. 1128, Vol. XLVII, p. 39]. Finland-Hungary.—Treaty of Commerce and Navigation (Article 12). Exch. rat., 20 April 1926 [T.S., No. 1154, Vol. XLVIII, p. 120]. Poland-Czechoslovakla.—Convention: Facilities for local frontier traffic. Exch. rat., 22 April 1926 [T.S., No. 1172, Vol. XLVIII, p. 398]. Cf. also 7 Dec. 1926. Bulgaria-Czechoslovakia.—Convention : Gratuitous Mutual Aid (Sick Paupers). Bxch. rat., 15 May 1926 [T.S., No. 1208, Vol. L, p. 253]. Netherlands-Siam.—Treaty of Commerce and Navigation, with Protocol concerning the Jurisdiction applicable to Dutch Nationals (subjects and protected persons). Exch. rat., 24 Aug. 1926. Applicable to the Dutch Indies, Surinam, and Curaçao, with the exception of Articles 12 and 13 [T.S., No. 1323, Vol. LVI, p. 58]. Austria-Czechoslovakia.—^Administrative Agreement between the Czechoslovak Ministries of Social Welfare and Agriculture and the Austrian Ministry of Agriculture and Forestry : Recruitment and placing of Czechoslovak seasonal workers. Concluded in application of Article XXII of the Commercial Convention of 4 May 1921 [Brochure : Das Inlandsarbeiterschutzgesetz vom 19. Dezember 1925, samt Durchführungsverordnungen und Erlässen. Dr. Fritz Reger. Druck von Rud. Kamus and Co., Vienna, VI, Stumpergasse 14]. 1925 21 May 1925 25 May 1025 29 May 1925 30 May 1925 6 June 1925 8 June 1925 24 June 1925 24 June 94,104 181 86,179 30, 58,179 258 110 101 67,135,192, 207 United States-Hungary.—Treaty of Ami- .59,218 ty, Commerce, and Consular Relations (Articles 2 and 13). Exch. rat., 4 Sept. 1926; followed by notes dated 4 Sept. 1926 (reservations relating to immigration) [T.S., No 1369, Vol. LVIII, p. 111]. BILATERAL TREATIES 1925 7 July 1925 14 July 1925 14 July 1925 16 July 1925 17 July 1925 20 July 1925 22 July 1925 3 Aug. 1925 14 Aug. Economic Union of Belgium and Luxemburg-Latvia.—Treaty of Commerce and Navigation (Artiele 23). Bxeh. rat., 6 Aug. 1926 [T.S., No. 1290, Vol. LIV, p. 268]. Great Britain-Siam.—Treaty of Commerce and Navigation. Exch. rat., 30 Mareh 1926 [T.S., No. 1176, Vol. XLIX, 1926, p. 52]. Great Britain-Siam.—^Treaty : Revision of their Treaties and Agreements, with Protocol concerning jurisdiction. Exch. rat., 30 March 1926 [T.S., No. 1175, Vol. XLIX, p. 29]. Germany-Lithuanla.—Agreement for the execution of Article 20 of the Treaty of Commerce dated 1 June 1923 (frontier traffic). Approved by the German Act of 30 April 1928 [Reichsgesetzblatt, II Tell, 18 May 1928, No. 24, p. 378]. Belgium-France.—Agreement : Repatriation of minors having escaped from paternal authority or from that of a guardian [Journal officiel, 1925, p. 8702.—Moniteur belge, 12 Aug. 1925, No. 224, p. 4075]. Italy-Kingdom of the Serbs, Croats and Slovenes.—^Agreement No. Ill, signed at Nettuno : to regulate the relations between the two States in regard to several special points. Annex E : Agreement relating to workers. Annex H : General Agreement as to reciprocity in the matter of social insurance. Approved in the Kingdom of the Serbs, Croats and Slovenes by the Act of 8 Oct. 1928; put into operation in Italy by Legislative Decree No. 2175 dated 31 Aug. 1928 [Supplemento Ordinario alla Gazzetta Ufficiale No. 234, dated 8 Oct. 1928 (VI), pp. 95 and 101.—L.S., 1925, Int. 5]. Portugal (Mozambique)-Southern Rhodesia.—^Agreement : Concerning the recruitment of native labourers in the District of Tete in the province of Mozambique, for employment in the Colony of Southern Rhodesia [Diario do Governo, 6 March 1926, Series I, No. 47, p. 193.—Colony of Southern Rhodesia Government Gazette, Vol. Ill, No. 31, 31 July 1925, p. 379.—L.S., 1925, Int. 2]. Spain-Siam.—Treaty of Amity, Commerce and Navigation, with Protocol concerning Jurisdiction applicable in the Kingdom of Siam to Spanish Nationals and persons under Spanish protection. Exch. rat., 28 July 1926 [T.S., No. 1303, Vol. LV, p. 40]. Portugal-Siam.—Treaty analogous to the preceding. Exch. rat., 31 July 1926 [T.S., No. 1304, Vol. LV, p. 58] 295 178 101 101 258 115 60, 62,151, 153,180,201, 216,218 122,156,192 101 101 296 CHRONOLOGICAI. LIST OF TREATIES, ETC. Denmark-Siam.—Treaty analogous to the preceding. Bxch. rat., 13 March 1926 [T.S., No. 1131, Vol. XLVII, p. 104]. Belgium-Poland.—Agreement : Scientific, 1925 literary, and scholastic relations. Exch. rat., 1 Sept. 26 June 1926 [T.S., No. 1274, Vol. LIV, p. 70]. Austrla-Kingdom of the Serbs, Croats 1925 and Slovenes.—Treaty of Commerce, with 3 Sept. Annex E relating to Minor Frontier Traffic. Exch. rat., 12 Aug. 1926. Poland-Czechoslovakia.—Sanitary Con1925 vention. Exch. rat., 22 Oct. 1926 [T.S., 5 Sept. No. 1370, Vol. LVIII, p. 143]. Austria-Prussia.—Treaty : Reciprocal as1925 sistance in the matter of compulsory educa18 Sept. tion. Exch. rat., 18 Oct. 1926 [N.R.G.M., 3rd ser., Vol. XVIII, p. 189]. Germany-Union of Socialist Soviet 1925 Republics.—Treaty comprising the follow12 Oct. ing ; I. Arrangement concerning establishment and legal protection; II. Arrangement relating to economic questions^ III. Arrangement relating to railway questions (Article 2) ; IV. Arrangement relating to navigation (Article 10); V. Fiscal arrangement ; VI. Arrangement relating to commercial arbitration tribunals ; VII. Arrangement concerning legal protection of industrial property; VIII. Final Protocol. Exch. rat., 11 Feb. 1926 [T.S., No. 1257, Vol. LIII, p. 8). Denmark-France.—Exchange of Notes : 1925 12-19 Oct. Treatment of French Nationals and Societies in Bast Greenland [T.S., No. 988, Vol. XXXVIII, p. 326]. Bulgaria-Tur key.—Convention dealing 1925 with Establishment and Exchanges of Popu18 Oct. lation. Exch. rat., 2 Aug. 1926 [T.S., No.l281, Vol. LIV, p. 136]. Austria-Cbina.—Treaty of Commerce 1925 (Article 5). Exch. rat., 15 June 1926 [T.S., 19 Oct. No. 1301, Vol. LV. p. 9]. Japan-Gzechoslovakia.—Treaty of Com1925 merce (Articles 1 and 2). Exch. rat., 20 Oct. 30 Oct. 1926 [T.S., No. 1377, Vol. LVIII, p. 263]. Germany-Belgium.—Agreement to ex1925 empt persons known as Rhine Boatmen 30 Oct belonging to either country from the necessity of obtaining a Consular Visa for the purpose of travelling by water in order to enter certain stated portions of the other country with the object of following their trade. Germany-Italy.—Treaty of Commerce 1925 (Articles 1, 22, 33 and 36); Final Protocol 31 Oct. (Addendum to Article 1). Exch. rat., 15 Dec. 1925 [T.S., No. 1256, Vol. LII, p. 180]. 1 1925 Sept. 101 118 257 65 117 44, 22,86, 105,112,179, 193,195 86,180 67, 86,105, 178 101,189 31 43 48,52,179 BILATERAL TREATIES 1925 11 Nov. 1925 18 Nov. 1925 25 Nov. 1925 30 Nov. 28 May 1925 9 Dec. 1925 10 Dec. 1925 19 Dec. 1925 19 Dec. 1925 23 Dec. 1925 23 Dec. 1925 28 Dec. .1925 30 Dec. 1926 Estonia-Latvia.—Agreement : To facilitate reeiprocal communication between the nationals of the two countries. Came into force on 1 Dec. 1925 [T.S., No. 1034, Vol. XLII, p. 94]. Denmark-Great Britain.—Convention : Workmen’s Compensation. Exch. rat., 5 April 1927 [T.S., No. 1445, Vol. LXI, p. 353.—L.S., 1927, Int. 3]. Italy-Spain—Agreement : Collaboration of the respective migration services with a view to protection and aid of emigrants during their voyage. Came into operation on the date of signature [T.S., No. 1405, Vol. LX, p. 59.— L.S., 1925, Int. 3]. France-Luxemburg.—Exchange of Notes : application of the provisions of the Convention relating to Public Relief dated 4 Jan. 1923 [Journal officiel. No. 107, 7 May 1926, p. 5235]. Belgium-France.—Arrangement : Relief in respect of taxes : family responsibilities. French Decree for approval. 29 Dec. 1925 [Journal officiel, 31 Dec. 1925, p. 12605]. Estonia-Finland.—Convention : Workmen’s Compensation. Exch. rat., 16 June 1926 [T.S., No. 1217, Vol. IV, p. 335.—L.S. 1925, Int. 5]. Austrla-Denmark.—Agreement relative to exchange of persons studying agriculture. Came into operation on the date of signature [T.S., No. 1358, Vol. LVII, p. 121]. Siam-Sweden.—Treaty of Amity, Commerce, and Navigation (Articles 2 and 4). Exch. rat., 25 Oct. 1926 [T.S., No.U386, Vol. LVIII, p. 429]. United States-Mexico.—Convention to prevent smuggling, and for other objects (Articles 6 to 9). Exch. rat., 18 March 1926 [T.S., No. I.B., Vol. XLVIII, p. 443]. Estonia-United States.—Treaty of Amity, Commerce and Consular Relations (Articles 1, 24 and 25; Article 1 of the Protocol). Exch. rat., 22 May 1926 [T.S., No. 1197, Vol. L, p. 14]. Economic Union of Belgium and Luxemburg-Czechoslovakia.—Treaty of Commerce (Articles 16 and 17). Exch. rat., 17 Sept. 1926 [T.S., No. 1372, Vol. LVIII, p. 189]. France-Poland.—Consular Convention (Articles 8, 19, 20 and 24). Exch. rat., 21 April 1928 [T.S. No. 1719, Vol. LXXIII, p. 266]. 297 43 210 53 107,109 121 212 182 101 ■ 38,161 105,218 49,50,189 214 Austria-France.—Agreement for Recruit- 132,171,176 ment, with Model Labour Contract (unpublished). 298 CHRONOLOGICAL LIST OF TREATIES, ETC. Austria-Switzerland.—Treaty of Commerce (Article 12 and additional clauses to that Article). Exch. rat., 1 March 1926 [T.S., No. 1124, Vol. XLVI, p. 299]. Germany-Austria.—Agreement : Reciprocal 1926 execution of Social Insurance Contracts. Exch. 8 Jan. rat., 17 Aug. 1926 [T.S., No. 1459, Vol. LVII, p. 95]. France-Luxemburg.—Arrangement : Re1926 16 Jan. lief in respect of taxes (family responsibilities). Decree for Approval and Publication in France, 3 Feb. 1926 [Journal officiel, 7 Feb. 1926, p. 1774]. 1926 Belgium-France.—Arrangement : Simplification of formalities for transit of emigrants 27 Jan. through the respective territories. Exch. rat., 23 March 1926 [Journal officiel. No. 93, 21 April 1926, p. 4675.—Moniteur belge, 1 April 1926]. France-Great Britain.—Convention ;Gk)od 1926 neighbourly relations. Concluded on behalf 2 Feb. of the Territories of Syria and Great Lebanon on the one part, and Palestine on the other part (Articles 3 and 9). Came into operation on 2 Feb. 1926 [T. S., No. 1324, Vol. LVI, p. 80]. Switzerland-Czechoslovakia. — Declara1926 20 March tion of reciprocity in the field of unemployment 12 Feb. insurance [Feuille fédérale, I, 1926, p. 558]. Argentina-Austria.—Reciprocity Conven1926 22 March tion in the matter of -workmen’s compensation for accidents [Crónica mensual de Departamento Nacional del Trabajo, No. 103, July 1926, p. 1815]. Austria-Hungary.—Additional Agreement 1926 to the Treaty of Commerce of 8 Feb. 1922. 9 April Appended Protocol : Regulation of questions concerning seasonal workers. Exch. rat., 6 Aug. 1926 [T.S., No. 1320, Vol. LV, p. 367.— Protocol, p. 417]. Italy-Siam.—Treaty of Amity, Commerce 1926 9 Mayand Navigation, with Protocol concerning jurisdiction applicable in the Kingdom of Siam to Italian nationals. Exch. rat., 8 March 1927 [T. S., No. 1436, Vol. LXI, p. 216]. Italy-Siam.—Exchange of notes : Recogni1926 tion of University Certificates [Gazzetta Uffi9 May ciale, 26 March 1927, No. 71, 1317]. Germany-S-weden.—Treaty of Commerce 1926 14 May and Navigation (Articles 3 and 9) and notes of 11 June, 26 and 27 July, and 3 Aug. 1926. Exch. rat., 12 July 1926 [T.S., No. 1225, Vol. LI, p. 99]. Bulgaria-Czechoslovakla.—Convention : 1926 15 May Reciprocal judicial protection and assistance in the matter of Civil and Commercial Law. Exch. rat. 19 Feb. 1927 [T.S., No. 1412, Vol. LX, p. 203]. 1926 6 Jan. 258 195,199,216 219,227, 228 121 62 259 225 206,207 62,132 102 181 58,195 104 2,99 BILATERAL TREATIES 1926 27 May 1926 28 May 1926 30 May 1926 2 June 1926 27 May 12 June France-Saar Territory.—Convention : So- 197,214,221 cial Insurance of Workers belonging to the Territory of one Party who are engaged by Employers of their own nationality in the Territory of the other Party. Came into operation 1 June 1926 [T.S., No. 1312, Vol. LV, p. 157]. France-Czechoslovakla.—Protocol of the 52, 112, 136 Franco-Czechoslovak Consultative Commission; complementary to the Emigration Convention of 20 March 1920 (unpublished). France-Turkey.—Convention of amity 254 and good neighbourly relations in Syria and Lebanon. Exch. rat., 12 Aug. 1926 [T.S., No. 1283, Vol. LIV, p. 195]. Finland-Turkey.—Treaty of Commerce 178 (Article 3). Exch. rat., 24 Jan. 1928 [T.S., No. 1644, Vol. LXX, p. 329]. Italy-Latvia.—Exchange of Notes : Aboli- 43 tion of Entry and Transit Visas [T.S., No. 1222, Vol. LI, p. 65]. 1926 19 May 26 June Denmark-Norway.—Exchange of Notes : 113 Interpretation to be placed upon the Declaration of 10 Aug. 1883 relating to Relief of Abandoned Seamen (position of Iceland) [T.S., No. 53(a), Vol. XLV, p. 225]. 1926 1 July Germany-Belgium.—Arrangement : faci- 257 et seq. lities for crossing the frontier zones. Exch. rat., 29 July 1926 [T.S., No.l461, Vol. LXII, p. 128]. Germany—Latvia.—Sanitary Convention 65 (Article 15). Exch. rat., 6 July 1927 [T.S., No. 1499, Vol. LXIII, p. 321]. 1926 9 July 162 1926 13 July Economic Union of Belgium and Luxemburg—Siam.—Treaty of Amity, Commerce and Navigation. Exch. rat., 25 March 1927, with additional protocol relating to the Jurisdiction applicable to Belgian nationals [T.S., No. 1468, Vol. LXII, p. 288]. 1926 14 July Austria-Hungary.—Agreement : Circula- 257,258 tion of persons—Local Frontier Traffic. Came into operation on 25 Dec. 1926 [T.S., No. 1430, Vol. LXI, p. 123]. 1926 15 July Germany-Economic Union of Belgium 260 and Luxemburg.—Convention : Frontier Traffic. Exch. rat., 24 May 1927 [T.S., No. 1845, Vol. LXIII, p. 137]. 1926 16 July Norway-Siam.—Treaty of Amity, Com- 48,59 merce and Navigation, and Final Protocol concerning Jurisdiction. Exch. rat., 9 Feb 1927 [T.S., No. 1404, Vol IX, p. 35]. 300 CHROIÍOLOGICAL LIST OF TREATIES, ETC. 1926 17 July Estonla-Czechoslovakia.—Convention : Reciprocal protection and legal assist£|,nce in regard to civil and commercial law. Exch. rat., 17 Dee. 1927 [T.S., No. 1620, Vol. LXIX, p. 386]. Spain-Switzerland.—Declaration : Relations between Switzerland and the Zone of thé Spanish Protectorate in the Sherifflan Empire. Submitted for approval to the Federal Assembly, 24 Sept. 1926 [Feuille fédérale, 29 Sept. 1926, No. 39, p. 518]. Germany-France-Saar Territory.— Protocol : Regulation of Movements of Workers across the Saar-German Frontier. Came into operation on 1 Nov. 1926 [Reichsgesetzblatt, Teil II, No. 6, 8 Feb.,p.l9. — Journal officiel. No. 112, 11 May 1928, p. 5255]. Economic Union of Belgium and Luxemburg-Estonia.—Treaty of Commerce and Navigation (Article 21). Exch. rat., 21 May 1927 [T.S., No. 1475, Vol. [LXII, p. 433]. Belgium-Luxemburg.—Labour Treaty. Approved in Belgium by the Act of 23 July 1927 and in Luxemburg by the Act of 19 Nov. 1927 [Moniteur belge 1928, No. 32, p. 185.— Mémorial de Luxembourg 1927, No. 65, p. 867.—L.S., 1926. Int. 5]. Denmark-Netherlands.—Accident Insurance Convention. Exch. rat., 28 March 1928 [T.S., No. 1686, Vol. LXXII, p. 14.—L.S., 1926, Int. 6]. Belgium - Netherlands. — Exchange of Notes : Reciprocal communication of requests for legal assistance in the matter of Aceident Insurance. Decree of Publication in the Netherlands, 20 Jan. 1927 [T.S., No. 299, Appendix; Vol. LIV, p. 389]. Germany-Denmark.—Exchange of Notes : reciprocal exemption from military service for the nationals of either country resident in the territory of the other [T.S., No 1363, Vol. LVII, p. 185]. Estonia-Switzerland.—Declaration : Reciprocal application of the Convention of 17 July 1905, relating to Civil Procedure. Exch. rat., 24 May 1927 [T.S., No. 1477, Vol. LXIII, p. 24]. France-Poland.—Agreement for the carrying into effect of Articles 10 and 14 of the Relief Convention dated 14 Oct. 1920 [French Republic : Service de la main-d’œuvre et de l’immigration agricole : Conventions et Règlements relatifs à l’immigration et à l’émigration. Paris, 1928, p. 99]. 1926 4 Aug. 1926 14 Sept. 1926 28 Sept. 1926 20 Oct. 1926 23 Oct. 1926 23 Oct. 1926 28 Oct. 1926 29 Oct. 1926 3 Nov. 104 86, 240 258 50 76, 126, 135, 189,193,195, 202, 223 211 106,209 122,123 103 107,109,144 BILATERAL TREATIES 1926 13 Nov. 1926 24 Nov. 1926 1 Dec. 1926 7 Dec. 1926 15 Dec. 1926 18 Dec. 301 France-Saar Territory.—^Protocol ; For- 257 malities for passing the Franco-Saar Frontier. Came into operation on 1 June 1928 [Journal officiel, No. 112, 11 May 1928, p. 5252]. Greece - Italy.—Commercial Convention. 112 Exch. rat., 1 June 1927 [T,S., No. 1480, Vol. LXIII, p. 51]. Greece-Turkey.—^Agreement : Application 255 of certain provisions of the Treaty of Lausanne and Declaration No. 11 appended thereto. Exch. rat., 23 June 1927 [T. S., No. 1565, Vol. LXVIII, p. 12]. Poland-Czechoslovakla.—Protocol : Ap- 257 et seq. plication of the Convention dated 30 May 1925 : frontier traffic [Dziennik Ustaw, 1927, No. 83, p. 720]. Denmark-Norway.—Agreement : Transfer 227 of insured persons from a Danish Sickness Insurance Fund to a Norwegian Sickness Insurance Fund, and vice versa. Exch. rat., 30 Dec. 1926 [T.S., No. 1396, Vol. LIX, p. 255.—L.S., 1926, Int. 4]. Finland-Greece.—Treaty of Commerce and 58, 178 Navigation (Article 1). Exch. rat., 28 Dec. 1927 [T.S., No. 1626, Vol. LXX, p. 90]. 1926 20 Dec. Hungary-Turkey.—^Treaty of Establish- 86 ment. Bxch. rat., 26 Aug. 1927 [T.S., No. 1696, Vol. LXXII, p. 245]. 1927 4 Jan. Greece-Estonia.—Treaty of Commerce and 58 Navigation (Art. ID [Ef7)[ji.ep'ç tyiç Kvfi-pvijaEíuc:] 27 Oct. 1927]. 1927 12 Jan. Germany-Turkey.—Treaty of Establish- 86, 120 ment. Exch. rat., 22 June 1927[T.S.,No. 1713, Vol. LXXIII, p. 187]. 1927 13 Jan. Danzig (Free City of)-Poland.—Agree- 194 ment : Social Insurance of Railway Staffs. ■ Exch. rat., 17 Dec. 1927 [Gesetzblatt für die Freie Stadt Dantzig, 1927, No. 28, 22 June, p. 242.—Dziennik Ustaw, 1928, p. 638, No. 69, p. 1599]. 1927 26 Jan. Argentina-France.—Arrangement : Military Service. Came into immediate operation [T.S., No. 1457, Vol. LXII, p. 85]. 1927 5 Feb. Germany-Austria.—Convention : Guar- 94 dianship of Minors. Exch. rat., 23 Aug. 1927 [T.S., No. 1715, Vol. LXXIII, p. 227]. 1927 8 Feb. France - Netherlands. — Arrangement : Abatement of taxes (family responsibilities). French Decree for Approval : 18 March 1927 [Jonrnal officiel, 1927, No 69, 23 March, p. 3243]. 100 121 .302 CHRONOLOGICAL LIST OF TREATIES, ETC. Italy-Switzerland.—Declaration : Unemployment Insurance. Italian Decree for carrying into effect, 17 Feb. 1927 [Gazzetta Ufflciale, 1927, No.72, 28 March 1927, p. 1322], Brazil (State of São Paulo)-Poland.— 1927 Agreement on the subject of emigration. 19 Feb. Between the Department of Labour of the Ministry of Agriculture, Commerce, and Public Works of the State of São Paulo, and the Emigration Office of the Polish Ministry of Labour and Social Assistance. Approved by the Federal Government of Brazil 21 April 1927. Came into operation on the date of signature [Przeglad Emigracyjny, Feb. 1927], Estonia-Latvia.—^Protocol : Frontier1927 Zones. (To amend the Conventions of 19 Oct. 23 Feb. 1920 and 1 Nov. 1923). Exch. rat. 30 March 1927 [T.S., No. 1443, Vol. LXI, p. 316]. Austria-Netherlands.—Exchange of Notes : 1927 Suppression of Passport Visas. Came into 25 Jan. 1 March operation 15 March 1927 [T.S., No. 1570, Vol. LXVIII, p. 75]. Finland-Czechoslovakla. — Convention : 1927 2 March Commerce and Navigation (Article 15) [Sammlung der Gezetze und Verordnungen 1927, St. 53, No. 119, p. 1089]. France-Peru.—Arrangement : Military 1927 16 March Service. Approved in France 29 March 1927 [Journal officiel, 1927, No. 80, 5 April 1927, p. 3794]. Austria-Portugal.—Exchange of Notes : 1927 22-28 March Suppression of Passport Visas. Came into operation on 1 May 1927 [T.S., No. 1571, Vol. LXVIII, p. 82]. Hungary-Czechoslovakia.—Treaty of 1927 31 March Commerce (Article 28). Exch. rat., 24 July 1927 [T.S., No.1520, Vol. LXV, p. 62]. Finland-Sweden.—Exchange of Notes : 1927 Equality of Treatment of Swedish and Fin1 April nish Seamen. Came into operation on 1 May 1927 [T.S., No. 1458, Vol. LXII, p. 89], 1927 Belgium-Great Britain.—Exchange of 6 May Notes : Lunatics. Came into operation on 5 May 1927 [T.S. No. 1486, Vol. LXIII, p. 154]. Denmark-Estonia.—Declaration : Appli1927 cation of the Hague Convention of 17 July 1905 9 May in relation to Civil Procedure. Exch. rat., 13 April 1928 [T.S., No. 1687, Vol. LXXII p. 25]. 1927 Finland-Latvia.—Exchange of Notes : 14 May Suppression of Visas. Came into operation 1 June 1927 [T.S., No. 1482 Vol. LXIII, p. 98]. 1927 9 Feb. 225 52, 77, 90, 112,118,164, 189,192,193, 203 257 et seq. 43, 69 195 100 43,69 195 183 et seq. 116 103 43 BILATERAL TREATIES 1927 14 May Germany-Finland.—Exchange of Notes : Suppression of Visas. Came into operation 1 June 1927 [T.S., No. 1533, Vol. LXVI, p. 404]. 1927 Estonia-Finland.—Exchange of Notes ; 17 May suppression of Passport Visas. Came into operation on 1 June 1927 [T.S., No. 1534, Vol. LXVI, p. 412]. 1927 Belgium-France.—Additional Convention 21 May to that of 21 Feb. 1906 : Workmen’s Accident Compensation. Submitted for the approval of the Parliaments [Parliamentary Document, Belgian Chamber of Representatives, Sitting of 19 Jan. 1928]. 1927 Belgium-France.—Convention : Benefit 21 May of the special Miners’ Pensions Regime in each of these countries (replacing the Convention of 14 Feb. 1921). Submitted for the approval of the Parliaments [Bulletin du Ministère du Travail, Paris. July-Aug.-Sept. 1927, p. 358. —L.S., 1927, Int. 6]. 1927 Austria-Denmark.—Exchange of Notes : 9-11 June Suppression of Passport Visas. Came into operation 15 June 1927 [T.S., No. 1572, Vol. LXVIII, p. 88]. 1927 Germany-Finland.—Agreement : Accident 18 June Insurance. Exch. rat., 3 March 1928 [T.S., No. 1675, Vol. LXXI, p. 362.—L.S., 1927, Int. 7]. 1927 Italy-Netherlands.—Exchange of Notes : 28 June Reciprocal recognition of laws for the regidation of navigation. Came into operation 28 June 1927 [T.S., No.1583, Vol. LXVIII, p. 203]. 1927 Germany-Poland.—Agreement : Unem14 July ployment Relief and Unemployment Insurance. Came into operation, 18 July 1926 [T.S., No. 1718, Vol. LXXIII, p. 251.—L.S., 1927, Int. 2]. 1927 Austria-Great Britain.—Exchange of 18 July Notes : Suppression of Passport Visas. Came into operation 1 Aug. 1927 [T.S., No. 1573, Vol. LXVIII, p. 98]. 1927 Austria-Finland.—Exchange of Notes : 21 July Suppression of Passport Visas. Came into operation 1 Aug. 1927 [T.S., No. 1535, Vol. LXVI, p. 420]. 1927 Switzerland-Turkey.—Treaty of esta7 Aug. blishment with additional Protocol. Exch. rat., 28 April 1928 [T.S., No. 1706, Vol. LXXIII, p. 51]. 1927 Austria-Finland.—^Treaty of Commerce 8 Aug. and Navigation (Articles 2 and 10). Exch. rat., 18 Jan. 1928 [T.S., No. 1645, Vol. LXX, p. 350]. 303 42, 43, 69 43,69 208 220 43,68 215 48 224 43, 68,69 43,68 30, 86,105 121,178 177 304 CHRONOLOGICAL LIST OF TREATIES, ETC. Germany-France.—Commercial Agreement (Articles 25, 29 and 35), and Final Protocol (Additional to Articles 25, 26, 42, 43 and 44). Came into provisional operation 6 Sept. 1927 [Journal officiel, 31 August 1927, p. 9203. —Reichsgesetzblatt, 1927, Part II, No. 37, p. 524]. 1927 France-Paraguay.—Arrangement : Mili30 Aug. tary Service. Approved in FVance, 25 Oct. 1927 [Journal officiel, 1927, No. 257, 5 Nov., p. 11271, and 23 Nov., p. 11930]. 1927 France-Japan.—Protocol relating to esta30 Aug. blishment and navigation in Indo-China and Japan. Came into operation without ratification, 14 Sept. 1927 [T.S., No. 1597, Vol. LXVIII, p. 236]. Luxemburg - Norway. — Exchange of 1927 25 Aug. Notes : suppression of Passport Visas. Came 12-26 Sept. into operation on 1 Jan. 1928 [T.S., No. 1566, Vol. LXVIII, p. 37]. 1927 Belglum-France.—Establishment Convention (Articles 1, 4, 8, and 11). Exch. rat., 6 Oct. 27 Oct. 1927 [Moniteur belge, 5 Nov. 1927, p. 4949.—Journal officiel, 5 Nov. 1927, p. 11270]. 49, 58, 104 239 Germany-Saar Territory (Saar Basin Governing Commission).—Arrangement for the application of Social Insurance. Came into operation 1 Nov. 1927 [T.S., No. 1629, Vol. LXX, p. 122]. Denmark-Iceland.—Convention : reciprocity in the matter of Accident Insurance and Invalidity Insurance. Promulgated in Denmark by Decree of 19 Oct. 1927 [Lovtidenden A., 1927, No. 41, p. 136] and in Iceland by Decree of 18 Nov. 1927 [Stórjnartindindi 1927, No. 64, p. 198—L.S., 1927, Int. 4]. Argentina-Denmark and Iceland.—Convention : Workmen’s Accident Compensation [Crónica Mensual del Departamento Nacional del Trabajo de la República Argentina, 1927, No. 118, p. 2230.—L.S., 1927, Int. 5]. Germany-Poland.—Treaty concerning Polish Agricultural Workers. German Act of Application 31 March 1928 [Reichsgesetzblatt, 1928 Part II, No. 13, p. 168.—L.S., 1927, Int. 8]. France-Italy.—Modus Vivendi : Establishment of Nationals and Societies. Came into operation 1 August 1928 [Journal officiel 1928, 25 July, p. 8255.—Gazzetta Uffleiale 1928, 23 July, p. 3407]. Prolongation of validity by letters exchanged on 29 Dec. 1928 [Journal officiel, 1928, 31 Dec., p. 13752]. 194 et seq. 1927 17 Aug. 1927 13 Oct. 1927 13 Oct. 1927 16 Nov. 1927 24 Nov. 1927 3 Dec. 100 86, 239 43 86, 178 196 207 2, 42, 112. 122,148,189, 193,200,203. 216,221,224, 228 86, 178 BILATERAL TREATIES 1927 28 Sept. 13 Dec. 1927 14 Dec. 305 Denmark-Swltzerland.—Exchange of 223 Notes : Equality of Treatment in the matter of Unemployment Insurance. Came into operation 13 Dec. 1927 [T.S., No. 1612, Vol. LXIX, p. 308]. France-Saar Territory (Saar Basin 104 Governing Gommission).—Declaration concerning legal assistance. Came into operation, 1 Jan. 1928 [T.S., No. 1631, Vol. LXX, p. 164]. 1928 17 Jan. Germany-Norway.—^Agreement : Suppres- 43 sion of Passport Visas. Came into operation on 1 Feb. 1928 [T.S., No. 1637, Vol. LXX, p. 252]. 1928 20 Jan. France-Saar Territory (Saar Basin Governing Commission).—Convention : Public Relief. French Decree of Approval, 9 Feb. 1928 [Journal officiel, 1928, No. 37, 12 Feb. p. 1727]. Administrative Agreement of the same date [Ibid], Germany-Switzerland.—Convention : Unemployment allowances for workers in the Frontier Zones. Exch. rat., 4 May 1928 [Reichsgezetzblatt 1928, Part II, No. 19, p. 311; and No. 24, p. 393.—Recueil des lois fédérales, 1928, 16 May, No. 10, p. 238.] Austria-Norway.—Agreement : Suppression of Passport Visas. Came into operation 1 March 1928 [T.S., No. 1664, Vol. LXXI, p. 212]. Afghanistan - Switzerland.—Treaty of Amity and Commerce, with Final Protocol. Exch. rat., 20 April 1928 [T.S., No. 1722, Vol. LXXIII, p. 322]. Germany-Kingdom of the Serbs, Croats and Slovenes.—Agreement between the Central Committee for Placing in Employment, Belgrade, and the German Central Employment Office : Recruitment and Engagement in Germany of Seasonal Agricultural Workers from the Kingdom of the Serbs, Croats and Slovenes. Appended : a Model Contract of Engagement. Came into immediate operation [Sluzbene Novine, 1928, No. 64, Vol. XIX, p. 233]. Germany-Austria.—Agreement : Unemployment allowances for Workers in the Frontier Zones and Emergency Relief. Came into operation 1 March 1,928 [Reichsgesetzblatt 1928, Part II, No. 9, p. 55]. Finland-Sweden.—Agreement : Suppression of Passport Visas (Articles 3 and 4). Came into operation 1 May 1928 [T.S., No. 1699, Vol. LXXII, p. 429]. 1928 4 Feb. 1928 8 Feb. 1928 17 Feb. 1928 22 Feb. 1928 29 Feb. 1928 9 March 107,108,122 225 43 118 43,76,122, 150,171,189. 192,193 224 43 et seq. 20 306 CHRONOLOGICAL LIST OF TREATIES, ETC. 1928 France-Poland.—Protocol of the Franco14 March Polish Consultative Committee, held in Paris 8-13 March 1928 (unpublished). 1928 Austria-Czechoslovakia.—Exchange of 29-30 March Notes : Suppression of Passport Visas. Came into operation 5 April 1928 [T.S., No. 1709, Vol. LXXIII, p. 88]. 1928 Belgium- L uxemburg. — Exchange of 2-13 April Notes : Lunatics [T.S., No. 1695, Vol. LXXII, p. 237]. Finland - Netherlands. —• Exchange of 1928 5-7 May Notes : Suppression of Passport Visas. Came into operation 1 June 1928 [T.S., No. 1748, Vol. LXXIV, p. 368]. Germany - Czechoslovakia.—Agreement 1928 relating to the Emigration of Czechoslovak 11 May Agricultural Workers. Published in Germany 9 June 1928. Came into immediate operation [Reichsgesetzblatt 1928, Part II, 15 June, No. 28, p. 491.—L.S., 1928, Int. 6]. Argentina-Sweden.—Convention : Work1928 men’s Accident Compensation [Crónica Men14 May sual del Departmento Nacional del Trabajo de la República Argentina, 1928, No. 123, p. 2367. —L.S., 1928, Int. 1]. 1928 16 May 1928 16 May 1928 16 May 1928 16 May 1928 May 145 et seq. 43 116 43 et seq. 42, 52,112, 122,147,189, 193 207,218 South Africa-Portugal.—Provisional Ag- 67,158 reement signed by the Portuguese Minister for the Colonies and by the South African Minister for Railways and Labour, laying down the basic lines of an Agreement relating to the Emigration of Mozambique Workers [The Rhodesia Herald, 18 May, 1928]. Cf. also 11 Sept. 1928. Austrla-France.—Treaty of Commerce 30,49,83,84, (Articles 20-21 and 29-33) and Final Protocol. 121,179 Came into provisional operation 1 August 1928. French Act of Approval 24 Feb. 1929 [Bundesgesetzblatt, 1928, 31 July, No. 208, p. 1297. —Journal officiel, 1928, 31 July, p. 8549; and 1929, 26 Feb., p. 2402]. France-Great Britain.—Arrangement : 182 Facihties for the admission of student employees. Came into operation 1 July 1928 [Journal officiel, 1928, No. 120, 22 May, p. 5711]. France-Great Britain.—Declarations : 138 Conditions upon which French Nationals are allowed to accept paid employment in Great Britain and British nationals are allowed to aceept paid employment in France [Journal officiel, 1928, No. 120, 22 May, p. 5713]. Australia-Japan.—Agreement : Japanese 38 Immigration into Australia. BILATERAL TREATIES 1928 2 July 1928 4 July 1928 13 Aug. 1928 11 Sept. 1928 8 Oct. 1928 13 Dec. 1928 22 Dec. France-Czechoslovakia i.—Treaty of Commerce (Articles 21-22 : Establishment : Article 27 : Emigration Undertakings. French Act of Approval, 24 Feb. 1929 [Journal officiel, No. 25, 25 Feb. 1929, p. 2402, and No. 99, 27 April 1929, p. 4859]. Belgium-France.—^Agreement : Workers in the Frontier Zone and Seasonal Workers. Exch. rat., 4 Dec. 1928 [Revue du Travail, Brussels, 1928, No. 8, p. 1137.—Moniteur belge, No. 356, p. 5349.—Journal officiel, 1929, No. 4, p. 87]. Germany-France.—^Arrangement between the French Ministry of Labour and the German Ministry of Labour : reciprocal admission of student employees. Exchange of Approval between the Governments, 7 Sept. 1928 [Reichsgesetzblatt 1928, No. 29, p. 1243.— Journal officiel 1928, No. 237, 31 Oct., p. 11590]. South Africa-Portugal.—Convention to regulate the introduction into the Province of the Transvaal of Native Labour from the Colony of Mozambique, together with questions of Transport and Commercial Traffic. Came into operation on the date of signature [Union of South Africa Government Gazette Extraordinary, Vol. LXXIII, No. 1728, 17 Sept. 1928, p. 569.—Diario do Governo, 1st ser.. No. 277, 30 Nov. 1928, p. 2403.—Boletim oficial de Moçambique, 1928, No. 37, p. 833.—^L.S., 1928, Int. 3]. 307 42,134, 258, 259 183 122,158,192 Argentina-Kingdom of the Serbs, Groats 207 and Slovenes.—Convention : Workmen’s Accident Compensation [Crónica mensual del Departamento de la República Argentina, No. 129, Nov. 1928, p. 2547.—L.S., 1928, Int. 4]. Germany-Austria.—Agreement relating to .321 the Engagement, Placing and Employment of Austrian Workers for Seasonal Agricultural Work in Germany. With Model Contract of Employment France-Poland.—Protocol of the Franco- 145 et seq. Polish Consultative Commission at its session in Paris 17-22 Dec. 1928 [unpublished. Summarised in the “Revue de l’Immigration” Paris, No. 1Ó; Feb. 1929, p. 19]. ^ The text of this Treaty was not available in time to allow of analysis in the present volume. 2 Text communicated by the Migration Office attached to the Office of the Austrian Federal Chancellor in May 1929, and analysed in the Supplement to the present volume. 308 CHRONOLOGICAL LIST OF TREATIES, ETC. 1929 France-Greece —Convention : Commerce, 11 March Navigation, and Establishment (Article 31, Emigration Undertakings). Final Protocol (supplement to Article 31 : Emigration Undertakings) [Journal officiel, 30 March 1929, p. 3717]. II. PLURILATERAL TREATIES " 1814 30 May 1815 8 Feb. 1818 24 Oct. 19 Nov. 1822 28 Nov. 1841 20 Dec. 1872 17 Feb. 1885 26 Feb. 1887 25 Nov. Treaty of Paris [N.R.M., Vol. II, p. 13]. Congress of Vienna (Austria, France, Great Britain, Hungary and her Allies, Prussia, Russia). Declaration : Suppression of the Negro Slave Trade. [Appendix No. XV to the Treaty of Paris dated 30 May 1814 [N.R.M., Vol. II, p. 432]. Congress of Aix-la-Chapelle. Protocol of the Conferences held by the Five Powers in respect of the Negro Slave Trade [N.S.M., Vol. Ill, p. 87]. Congress of Verona (Austria, Great Britain, Prussia, Russia). Resolutions relating to Suppression of the Negro Slave Trade [N.R.M., Vol. VI, p. 136]. Austria, France, Great Britain, Prussia, Russia.—Treaty of London for the Suppression of the Negro Slave Trade, with instructions for Cruisers. Exch. rat., 24 Jan. 1842 (Austria, Great Britain, Prussia, Russia) [N.R.G.M., Vol. II : German text, p. 392; English text, p. 508]. Costa Rica, Guatemala, Honduras, Salvador.—Pact of Union of the Central American States [N.R.G.M., 2nd ser., Vol. Ill, p. 476]. Austria-Hungary, Belgium, Denmark, France, Germany, Great Britain, Italy, Luxemburg, Netherlands, Norway and Sweden, Portugal, Russia, Spain, Turkey, United States.—General Act of the Berlin Conference concerning the African Slave Trade [N.R.G.M., 2nd ser., Vol. X, p. 414]. Argentina, Brazil, Uruguay.—Sanitary Convention [N.R.G.M., 2nd ser., Vol. XIV, p. 462]. Cf. also 21 April 1914. 229 230 230 230 230 82, 89,180 231 65 1 The text of this Convention was not available in time to allow of analysis in the present volume. 2 Under this heading will be found the Treaties concluded directly by more than two Powers, as also Conventions concluded under the auspices of any Conference of a local character, the scope of which is accordingly confined to a limited number of States. For List of Abbreviations, cf. above, pp. 261-262. 309 PLURILATERAL TREATIES 1889 4 Feb. 1890 Argentina, Bolivia, Paraguay, Peru, 3,180 Uruguay.—Convention : Union of South American States (relating in regard to the exercise of Liberal Professions) [N.R.G.M., 2nd ser., Vol. XVIII, p. 441]. Austria-Hungary, Belgium, Congo Free 231 State, Denmark, France, Germany, Great Britain, Italy, Luxemburg, Netherlands, Norway and Sweden, Persia, Portugal, Russia, Spain, Turkey, United States, Zanzibar.—General Act of the Brussels Anti-Slavery Conference, and appended Declaration [N.R.G.M., 2nd ser.. Vol. XVI, p. 3, French text; Vol. XVII, p. 345, German and French texts]. Second American International Conference (Washington 1902) : 1902 (1) Convention : Extradition and Protection 27 Jan. against Anarchy [Nestor Carbonell : Las Conferencias internacionales americanas. Havana, 1928, p. 162]. Ratifications to Jan. 1928 : Costa Rica, Guatemala, Honduras, Nicaragua and Salvador. 1902 (2) Convention. Exercise of the Liberal 27 Jan. Professions [Ibid., p. 169, and N.R.G.M., 3rd ser.. Vol. VI, p. 191]. Ratifications to January 1928 : Bolivia, Chile, Costa Rica, Dominiean Republic, Guatemala, Honduras, Nicaragua, Peru, Salvador. 1902 (3) Regulations for Aliens [Ibid., p. 183]. 27 Jan. Ratified in Jan. 1928 by : Bolivia, Colombia, Guatemala, Honduras, Nicaragua, Salvador. 1904 Austria-Hungary, Bulgaria, Denmark, 1-14 March Germany, Norway and Sweden, Rumania, Russia, Serbia, Switzerland, Turkey.— Protocol : Measures to be taken against anarchist movements [N.R.G.M., 3rd ser., Vol. X, p. 81]. 1906 13 Aug. 1914 26 May 38 180 88 et seq. 68 Third American International Conference (Rio de Janeiro, 1906) : Convention : Regulations concerning Natu- 99 raUsed Citizens re-establishing their residence in their country of origin [N.R.G.M., 3rd ser., Vol. VI, p. 215]. Ratifications to Jan. 1928 : Argentina, Brazil, ChUe, Colombia, Costa Rica, Ecuador, Honduras, Mexico, Panama, Salvador and the United States. Subsequent to ratification by Guatemala, it was denounced by her on 13 June 1913. Denmark, Norway, Sweden.—Conven- 3,109 tion : Reciprocal Relief (Paupers). Exch. rat., 27 July 1914 [N.R.G.M., 3rd ser.. Vol. XII, p. 173]. Adhesion of Finland, 11 July 1923 [T.S., No. 456, Vol. XVIII, p. 85]. Cf. also : 25 Oct. 1928. 310 CHRONOLOGICAL LIST OF TREATIES, ETC. 1919 12 Feb. Denmark, Norway, Sweden.—Declara- 209, 210 tion : reciprocity in regard to Workmen’s Accident Compensation [N.R.G.M., 3rd ser., Vol. XIV, p. 493.—Bulletin of the International Labour Office, Basle, 1919, Vol. XVIII, p. 69]. 1919 28 May Denmark, Norway, Sweden.—Agreement i Transit of Rejected Persons [N.R.G.M., 3rd ser.. Vol. XIV, p. 501]. 1919 28 June Germany-Allied Powers.—Treaty of 3,16,49,61, Peace of Versailles [N.R.G.M., 3rd ser.. Vol. 187,194,234, 240.254 XI, p. 333]. 1919 10 Sept. Austria-Allied Powers.—^Treaty of Peace 3,16,61,194, of St. Germain-en-Laye [N.R.G.M., 3rd ser.. 234.254 Vol. XI, p. 691]. 1919 10 Sept.. Convention of St. Germain-en-Laye relating 49,232,242 to the Slave Trade, revising the General Act of Berlin of 26 Feb. 1885, and the General Act and the Declaration of Brussels, of 2 July 1890. May be adhered to by the States Members of the League of Nations Signatory to the Preceding Acts and by States exercising authority over African Territories [T.S.,No. 202, Vol. VIII, p. 25]. Ratifications with definite adhesion, to 31 Dec. 1928 : Belgium, British Empire, Ethiopia (partially), France, Japan, Portugal. 1919 27 Nov. Bulgaria-Allied Powers.—Treaty of Peace 3,16,194, of Neuilly-sur-Seine [N.R.G.M., 3rd ser., Vol. 234,254 XII, p. 333]. 1920 4 June Hungary-Allied Powers.—Treaty of Peace 3, 16,194, of Trianon [N.R.G.M., 3rd ser., Vol. XII, 234,264 p. 423]. 1921 23 July Belgium, Czechoslovakia, France, Great 58 Britain, Greece, Italy, Rumania, Kingdom of the Serbs, Croats and Siovenes.—Convention instituting the definite Statute of the Danube. Exch. rat., 30 June 1922 [T.S., No. 647, Vol. XXVI, p. 173]. 1922 27 Jan. Gratz Agreement concerning Passports. 41 Ratified by Austria, Czechoslovakia, Hungary and Italy (1922) [T.S., No. 262, Vol. IX, p. 292]. 1923 11 July Cf. 26 May 1914. 60 109 1923 7 Feb. Costa Rica, Guatemala, Honduras, Ni- 161,187 caragua, Salvador.—Convention : Unification of Protective Laws for Workmen and Labourers [L.S., 1923, Int. 2]. 1923 24 July Tur key-Allied Powers.—Treaty of Peace 30 of Lausanne [T.S. No. 701, Vol. XXVIII, P-12]. MULTILATERAL CONVENTIONS 311 1923 24 July British Empire, France, Greece, Italy, 31, 91, 101 Japan, Rumania, and the Kingdom of the 120 Serbs, Croats and SIovenes-Turkey,—Convention : Establishment and Judicial Competence. Ratified : by the British Empire, Greece, Italy, Japan and Turkey (1924) [T.S., No. 704, p. 152]. Letter appended to the Convention [N.R.G.M., 3rd ser., Vol. XIII, p. 451]. 1923 24 July British Empire, Bulgaria, France, 58 Greece, Italy, Japan, Rumania, and the Kingdom of the Serbs, Groats and SIovenes-Turkey.—Convention relating to the Regime of the Straits [T.S., No. 702, Vol. XXVIII, p. 116]. 1924 14 Nov. Conventions for the Establishment of a Pan- 15 American Sanitary Code [Código sanitario Panamericano. Havana, 1925]. Ratified, to Jan. 1928, by : Chile, Costa Rica, Cuba, Haiti, Honduras, Peru, Salvador, and the United States. 1928 20 Feb. 1928 20 Feb. 1928 25 Oet. Sixth American International Conference (Havana, 1928) : (1) Convention : Aliens Regulations (not yet 89 in force) [Sexta Conferência Internacional Americana, Acta final, Havana, 1928, p. 128]. (2) Convention : Right of Sanctuary (not 89 yet in force) [Ibid., p. 164]. Denmark, Finland, Norway, Sweden.— 109 Convention : Reciprocal Relief (Paupers) [Overenskomster med fremmede Stater, 1928, No.7, p. 356]. HI. MULTILATERAL CONVENTIONS i 1902 12 June Third Session of the Conference on International Private Law : (1) Convention : CoiI) rflict of Laws in respect 92 of Marriage [N.R.G.M' 2nd ser.. Vol. XXXI, p. 706]. Protocol o' adhesion opened on 28 Nov. 1923 [T.S., Nd . 1228, Vol. LI, p. 209]. Rat. and def. ad. : Gnors, passports. Child Welfare Committee (League of Nations). III. 76, 114. Chinese Immigration Commissioner, Samoa. II. 148. Christian Trade Unions, Congress of the. III. 21. Church Army ( Great Britain ). I. 134, 190. Church Immigration Committee (Australia). II. 377. Church of England Council of Empire Settlement. I. 133. Church of Scotland. I. 190. Civil rights. II. 381; III. 31, 80, 83, 87-91, 95-90. Clandestine emigration, immigration. I. 9S-99, 249-252, 321, 401 ; II. .54, 130-136, 199, 269, 290, 309, 312, 320, 326, 428; III. 9, 38-39, 130, 159-160. Closer settlement. II. 353, 357, 424.— See also : Land settlement. Codification and. co-ordinatio?i. III. 15, 26-27. Coffee pickers. III. 165. Collective emigration. I. 73; III. 42, 43.—See also ; Collective immigration, collective recruitment. Collective immigration. II. 81, 83-85, 198, 218, 244, 262, 375-380, 406.— See also : Collective emigration, . collective recruitment. Collective passports. I. 81, 86; II. 83; III. 40, 130 et seq. Collective transport. I. 308-309. Collective recruitment. I. 152, 242, 247, 399-400; II. 107, 109, 203-206, 220; III. 41-42, .53, 126, 128-174. Colonial emigration. III. 237-245.— See also : I.,and settlement, settlers. Colonial departments and institutions. I. 113, 120, 191. Colonisation. See : Land settlement. Colonisation Society (Poland). 1.136. Colonists. See : Settlers. Commercial travellers. I. 14. Commercial travellers in transport. See : Runners, emigrant carriers. Commissariat (du Gouvernement) pour lEmigration (Belgium). I. Ill, 253, 255, 260, 263, 269, 274, 286, 297, 353. Commissariat for the Exchange of Populations, Reconstruction, and Settlement (Turkey). II. 169. Commissariats. See under the names of the various Commissariats.— See also : Agencies, associations, bureaux, commissions, committees, councils, departments, directorates, SUBJECT INDEX institutes, ministries, offices, organisations, organs, sections, services, societies, unions. Commissioner for Emigration (Belgium). See: Emigration officers. Commissioner-General of Emigration (Italy). I. 59, 118-120, 261.—See also : Emigration officers. General Emigration Department (Italy). Commissioner of Crown Lands. II. 182. Commissioner of the British South Africa Police (Southern Rhodesia) '. II. 20. Commissioners. See under respective titles.—See also : Agents, curators, inspectors, high commissioners, officers, officials, protectors, superintendents. Commissions. See under the names of the various commissions.—See also ; Agencies, associations, bureaux, commissariats, committees, councils, departments, directorates, institutes, ministries, offices, organisations, sections, services, societies, unions. Committee on Communications and Transit (League of Nations). I. 79, 83; III. 17, 51, 56-57. Committee of Experts for Progressive Codification of International Law. III. 81, 100. Committee on Native Labour (International Labour Office). III. 18. Committee on Social Insurance (International Labour Office). III. 18. Committee on Unemployment (International Labour Office). III. 18. Committees. See under the names of the various committees.—See also : Agencies, associations, bureaux, commissariats, commissions, councils, departments, directorates, institutes, ministries, offices, organisations, organs, sections, services, societies, unions. Compensation ( contract of employment ). I. 107. 180, 341, 344; II. 221, 224225 ; III. 173, 176.—See also : Accidents, cancellation of contract, insurance. Compensation (contract of transport). I. 228-232, 254-2.57, 313-315. 320324, 399; II. 303-311.—See also; Cancelling transport contracts, price, contract of transport. 327 Compulsory school attendance. III. 145.—See also : Education. Conciliation. I. 254-257; II. 381-388, 423; III. 134, 141, 148, 150, 152, 173, 193.—See also : Arbitration, labour jurisdiction, procedure, tribunals. Conference on Passports, Customs Formalities, and Through Tickets. III. 40-41, 45. Conferences on International Private Law (The Hague). III. 3, 15, 17, 92Conflict of Laws. III. 92-101. Congress for Public and Private Belief (International). III. 16. Consejo de Acción social y Emigración (Spain). I. 127. Consolidated Fund (New Zealand). II. 324. Consorzio nazionale di emigrazione e lavoro (Italy). I. 134. Consular Committees (Spain). See : Juntas Consulares. Consular courts. III. 101. Consuls, consular agents, officials. I. 134, 178, 253-257, 295, 330-335, 340-3Í7, 348-349; II. 128-129, 135, 147, 155-156, 164, 171, 191, 201, 204, 252-255, 281; III. 42, 44, 73, 93152, 160, 167, 191, 206-207, 213216, 218.—See also : Diplomatic agents, information, seamen, passports, visas. Consultative Commission for the Protection of Children and Young Persons (League of Nations). Ill 235. Continental and Frontier Zone Immigration. II. 21, 273-276, 426-429. —See also : Continental emigration, contract of employment, recruitment. Continental emigration. I. 26, 151154, 178-182, 184-187, 327, 350357; III. 24, 64, 66.—Inter-African : III. 154-161 ; Inter-American ; III. 32-33, 161 ; Inter-Asiatic : III. 16Í-162; Inter-European : III. 129154. Contract labourers. II. 14, 60, 116, 121, 124, 193-195, 206, 264, 322, 348, 385, 398, 405-406.—See also : Occupation, profession, trade, repatriation as a result of labour contracts, resources. 328 SUBJECT INDEX Contract of employment : I. 50-78, 148150, Í73-182, 324-328, 341-347, 402; II. 78-87, 189, 195, 213-230, 329-335. 382-388; III. 19, 42-43, 67, 71, 112, 128, 130-177, 242.—See also : Continental emigration, passports, penalties, placing, procedure, recruiting licence, recruitment, security, staff, taxes. Contract of transport. I. 22Í-245, 309-315, 341-344. 353-354, 398-401 ; II. 305, 336; IÍI. 53.—See also ; Agents, cancellation, cost, penalties, placing, procedure, security, staff, t.axes, tickets, transport, transport licence. Contracts. See : Contract of emigration, contract of employment, contract of transport. Control of recruitment. I. 170-172. Convicted persons. I. 40-42, 329 ; II. 32-44, 60, 121, .312-328; III. 3839, 100, 112, 139, 256, 259.—See also : Anarchists, deportation, judicial record. Cost of transport, journey. I. 187192, 215-222, 248-252, 307-309, 340, 399; II. 236-243, 341-3.50, 355, 365; III. 52, 66-67, 71-72, 167, 176.— See also : Cancelling transport contracts, contract of transport, mode of payment, repatriation, tickets. Council of Social Affairs and Emigration. See : Consejo de Acción social y Emigración (Spain). Council of the People’s Commissaries (R.S.F.S.B.). I. 84. Councils. See under the names of the various councils.—See also : Agencies, associations, bureaux, commissariats, commissions, committees, departments, directorates, institutes, ministries, offices, organisations, organs, sections, services, societies, unions. Courts. II. 381 et seq. ; III. 83, 101-106, 167, 230.—See also : Arbitration, conciliation, labour jurisdiction, procedure. Craigielinn Boys’ Training Farm (Great Britain). I. 190. Crèches. II. 388; III. 165. Credit institutions. I. See : Banks, official departments ; II. See : Banking operations, colonial institutions, land settlement. Crime. See : Convicted persons, morals, penalties, police, procedure, proceedings. Criminal record. See : Judicial record. Cruz Azul (Mexico). 1.134. Curator for Native Labour. I. 124, 162, 173, 181, 252, 256, 304, 346; II. 228, 335, 388; III. 159. Curators. See : Curator for Native Labour.-—See also : Agents, commissioners, high commissioners, inspectors, officers, officials, protectors. Curatorship. III. 95-96, 124. Danish Young Women’s Christian Association. See : Kristelig Forening for Unge Kvinder i Danmark. Danube. III. 58, 199. Decease. I. 229, 232-236, 311-313, 316; II. 163, 216, 282, 297, 300, 332-335, 359, 369, 423; III. 110112, 116, 124, 157, 1.59, 165, 17,5176, 197, 201, 207, 218.—See also : Accident insurance, burial, examination upon arrival, registration. Definition of a Coivoention. III. 1-8. Definition of a Treaty. III. 1-8. Definition of an emigrant, immigrant. i. 7-22, 395; II. 7-20. 120, 122, 127; III. 14, 23-25, 54, 55. Definition of various terms used. I. 7-31; II. 7-23; III. 1-8. Delay of emigrant’s departure. I. 238245, 399. Delegados de migración (Mexico). I. 179; II. 165.—See also : Emigration officers, immigration officers. Department for Immigration and Asiatic Affairs (South Africa). II. 168. Department of Immigration and Colonisation (Canada). II. 177. 253, 260, 317. Department of Immigration, Labour ■ and Statistics (Hawaii). II. 171. Department of Lands and Colonies (Paraguay). II. 91, 117, 166, 179, 212, 267, 349, 371, 388. Departments. See under the names of the various departments.—See also : Agencies, associations, bureaux, commissariats, commissions, committees, councils, directorates, institutes, institutions, ministries, offices, SUBJECT INDEX organisations, organs, sections, services, societies, unions. Departments in charge of statistics. I. 23-25. Departure. I. 259-m ; II. 337-339; III. 46-47.—See also : Contract of employment, embarkation, examination, upon departure, ports, ships. Departure certificate (Indo-China). II. 338. Deportation (Expulsion). I. 318; II. 60, 127, 155, 157, 162, 164-165, 168-170, 198, 311-328; 405, 408409; III. 38,43, 60, 67-71, 88, 237.— See also : Clandestine emigration, immigration, rejection, repatriation, restrictions. Deposits, licences and fees. See : Security (transport undertakings), taxes. Desertion. I. 94,106, 329; II. 43,141, 144, 200; III. 112.—See also: Clandestine emigration, immigration, military service, seamen. Desertion of family. I. Í6-49. 329; II. 317; III. 76, 109.—See also : Maintenance obligations, families. Detention. II. 277-283, 303-311, 313328. Deutsche Arbeiterzentrale. See : Arbeiterzentrale. Deutsche Feldarbeiterzentralstelle. II. 161. Deutscher Caritas Verband. See : Caritas Verband. Deutsches Nationalverband der Katholischen Mädchenschutzvereine. I. 132. Deutsches Auslandsinstitut (Germany). I. 132. Dictation and reading tests. II. 4749, 51, 55, 61-63, 123, 132, 258-259, 261, 263, 271, 315, 391, 425; III. 35. Diplomatic agents. I. 108-129, 338, 339-3U, 344-347. 363. 400; II. 1119, 31, 50, 53, 57-58, 106, 124, 127128, 257-259, 287, 291, 397; III. 44, 73, 82, 93, 134, 167.—See also : Consuls. Dirección general de Acción social y Emigración (Spain). I. 126.—See also : Dirección general de emigración. Dirección general de emigración (Spain). I. 24, 73, 78, 126-128, 196, 203, 214, 223, 257, 262, 267, 329 277, 293, 305-306, 312-313, 317, 344, 347, 349, 357; III. 9. Directorate-General for Italians Abroad. I. 118, 196, 342. Directorate- General of Emigration (Spain). See: Dirección general de emigración. Directorate-General of Land Settlement (Brazil). II. 30, 152, 176, 205, 245, 259, 344, 377; III. 9. Directorate-General of Social Affairs arid Emigration. See : Dirección general de Acción social y Emigración (Spain). Directorate of Belgian Interests Abroad. I. 111. Directorate of Immigration, Colonisation, and the Lands of Montana (Peru) (Ministerial). II. 167, 372. Directorates. See under the names of the various directorates.—See also ; Agencies, associations, bureaux, commissariats, commissions, committees, councils, departments, directoría, institutes, ministries, offices, organisations, organs, sections, services, societies, unions. Director-General of Agriculture, Industry and Social Welfare (Luxemburg). II. 197. Director-General of Commerce, Industry and Labour (Luxemburg). II. 197. Directoria do serviço do povoamento (Brazil). II. 20. Direct journey. See : Direct transport. Direct transport. I. 316-317, 399; II. 45; III. 59-63. Disembarkation, Landins. 1.104,222223, 322-324; II. 48-61, 1.30-136, 139-144, 165, 284-289, 295, 341351; III. 46, 52, 112, 166.—See also : Examination upon arrival, ports, deportation. Disinfection. I. 263-267, 267; II. 94, 285; III. 64-66.—See also: Hygiene, inspection, ships. Disputes. See : Conciliation. Distribution of immigrants. II. 374380. Divorce. III. 92, 93, 96. Doctors. I. 268-272. 295-306; II. 171, 252-275, 294-299. 311, 382-388, 413; III. 53-54, 137, 159, 166, 181, 201, 258.—See also ; Medical assistance. 330 SUBJECT INDEX Documentation. III. 19, 25-28, 206, 232.—See also : Information, official departments, organisations. Documents. I. 28-31, 39-40, 269-272; II. 250-282, .389-411 ; III. 26, 39-41, 51, 66, 106, 173, 175-176, 252.—See also : Identity books and cards, passports. Documents, Inspection [of Books and. See : Archives. Domestic semants. I. 133, 155, 158, 167, 179, 184, 186; II. 128, 179, 189, 197, 206, 219, 221, 229, 237, 239240, 242; III. 34, 36, 138.—See also ; Definition of an Emigrant, Restrictions. Domicile. See : Registration of immigrants, residence, residence cards, permits. Double nationality. II. 421. Double taxation. III. 121, 149. Dreadnought Fund. I. 190; II. 182. Drinking water. See : Food. Drug addicts. See : Addition to dangerous drugs. Drunkenness. See : Addition to dangerous drugs. Dutch Emigration Society. See : Landverhuizing. Earnings. See : Employment, wages. Economic and Financial Section (League of Nations). III. 17. Economic Committee of the League of Nations. III. 17, 47, 80, 82, 86. 121. Economic conditions. I. 75; II. 65-76, 121.—See also : Resources. Education and training. I. 119. 144147, 178, 189-190, 348-349, 397. II. 181-184, 229, 235, 841-351; III. 117-119, 141, 145, 152, 165, 175.— See also : Apprenticeship, courses, educational conditions, land settlement. Effects. I. 219-220, 222, 228-229, 240, 243-244, 308-309, 313-315, 398-399; II. 245-246, 248. 341-344, 346-350; III. 51, .57, 73-77, 158, 165.—See also : Insurances of travelling risks, ships. El Emigrante español. I. 136. Embarkation. I. 193, 227-237, 260262, 316-317; II. 250-255; III. 49, 50, 62, 167.—See also : Clandestine emigration, immigration; examination on departure, lists, ports, seamen. Emergency Fund (Belgium). II. 151. Emigrant. See : Definition. Emigrant carriers. I. 195, 200, 210, 253. Emigrant runners. See : Runners. Emigrant ships (Definition of). I. 16, 281-294; III. 54. Emigrants^ Information Office ( Great Britain). I. 114. Emigrants' Protection and Information Offices (Italy). I. 345. Emigration advisers. I. 396; III. 133. Emigration agencies, agents. I. 22, 208, 345.—See also : Emigrant carriers, passage-brokers, placing, recruiting agents, recruitment, runners, staff of transport undertakings, transport agents, taxes. Emigration agents and similar ofißcials. I. 344-347, 400; III. 139, 145, 152. —See also : Emigration officials, High Commissioners. Emigration and Immigration, International Conferences on (Rome, Havana). I. 14; III. 12-16, 24, 27, 186, 201. Emigration and Immigration Institutions. See : Associations, officinl departments. Emigration and Immigration Section, Ministry of Social Affairs {Kingdom of the Serbs, Croats and Slovenes). il. 168. Emigration Budget. I. 73-74, 109129, 397.—See also : Emigration funds. Emigration Bureau (China). I. 83, 111, 155, 164, 170, 174, 196. Emigration Bureau (Finland). 1.113. Emigration Bureau (Greece). I. 116, 196. Emigration Commissioners (Hungary ). I." 24, 116-117. Emigration Committee (Germany). See : Auswanderungsbeirat. Emigration Committee of Inspection (Belgium). 1.204,255. Emigration Committee (Rumania). See : Migration Committee. Emigration Council (Hungary). I. 117. SUBJECT INDEX Emigration Council (Poland). I. 396. Emigration Department (Hungary). I. 24, 141. Emigration Department (Kingdom of the Serbs, Croats and Slovenes). I. 125. Emigration Department (Malta). I. 16,84,115,271. Emigration Fund (Hungary). I. 117, 332. Emigration Fund (Italy). I. 119. Emigration Fund (Rumania). 1.124125. Emigration Funds. I. Í09-139, 311312, 330, 332, 3.35-336, 402-403; III. 131.—See also : Assisted emigration, emigration budget, exit taxes. Emigration Inspectorate (Hungary). 1.24. Emigration inspectors, I. 21, 55, 127, 342, 344-345. 396; III. 53-,55, 165166.—See also : Official departments. Emigration Office for the Supervision of Temporary Emigration to Europe (San Marino). I. 120. Emigration Office ( Greece). See : Emigration Bureau. Emigration Office (Hong Kong). I. 186. Emigration Office (Hungary). I. 24. — See also ; Emigration Commissioners (Hungary). Emigration Office (Media). See : Emigration Department. Emigration Office (Poland). I. 122, 143, 1.54. 180, 186, 273, 395-401; III. 145, 164-166. Emigration Offices (Italy). See : Uffici di emigrazione. Emigration officers. Austria : I. 228 ; Belgium : I. 210, 253-255, 263-264 (See also : Government Emigration Office) ; China : I. 341 ; Czechoslovakia : I. 298, 344-345; Federated Malay States : II. 210; France : I. 113, 228, 241, 288; Hungary: I. 24, 116-117; India ; 1.117, 159, 168, 170-171. 178, 190, 264-265, 271, 321, 326; II. 209; Italy : I. 59, 118119, 141, 196, 255, 261. 265, 271, 290, 301, 333, .342, 345; Mexico: I. 180 ; Poland (Port of Danzig) ; j I. 346; Portugal (Colonies) : I. 3Õ4; Spain : I. 126, 257, 293; Switzer- 331 land : I. 128; Syria and Lebanon : I. 209, 219, 255.—See also : Emigration officials, High Commissioners. Emigration officials. I. 252-257, 294à06, 344-347, 396; HI. 76, 190-192. —See also : Diplomatic agents, commissioners, consuls and consular agents, curators, inspectors, official departments, protectors. Emigration tax. I. 36, 37. Emigrente Society (Denmark). I. 132. Empire colonisatioji. See : Empire Settlement Act. Empire Settlement Act. I. 132-133, 189; II. 181, 239, 355; III. 238. Employed persons, salaried employees. I. 173-182, 184-185; II. 78-87, 189, 190-195,197;,III. 83, 86,88,138,177183, 198-199, 218.^See also : Definition of an emigrant, immigrant. Emvloyers. I. 173-192. 324-328; II. 1*86-200, 330-335, STs' 384-388, 391, 393, 395-398, 400-402, 405, 407-409 ; III. 52, 67, 71, 108-109, 128-169. — See also : Contract of employment, recruitment. Employment. II. 185-Wl.—See also : Employment exchanges ; finding employment; permission to take up employment; occupation, profession, or trade. Employment Exchange, Prague (Czechoslovakia). III. 137. Employment exchanges. I. 58. 60, 102, 130, 138-144, 152-154, 184-187. 354-357; II. 84, 113, 149. 1.51, 153155, 158, 160-161, 176, 193-197, 199-200, 204, 218-219, 230-234, 238, 241-242, 380, 412; III. 28, 128, 130, 135-137, 143, 145, 147151, 164-166, 234-235. Employment offices. See : Employment exchanges. Employment permits. II. 169, 186200, 229, 407; HI. 43, 152-153.— See also : Contracts of employment, work books, work cards. Engaged immigrants (French Colonies). II. 14. Entry. II. 286-291.—See also : Examination on arrival, hygiene, ports and places of entry, procedure. Entry and exit taxes. I. 278-279 ; III. 59, 150.—See also : Head tax, immigration taxes. 332 SUBJECT INDEX Entry visa. II. 27. Epidemics. I. 77; II. 120, 247, 284285, 294; III. 38, 64.—See also: Disinfection, hygiene, sickness. Escort, guides, special staffs. I. 272273; 295-306; II. 89-92, 205. 208, 211-213, 294-300; III. 53, 54, 146. —See also : Emigration officials. Establishment. II. 169, 312. 341-351, 389-411; III. 30, 39, 43-44 79-89, 127, 133, 138, 164, 239.—See also : Land settlement, mandates, residence. Eugenics. III. 15-16. Examination of occupational, professional, or trade qualifications. II. 76, 250-2.54; III. 46, 132, 143-146.— See also : Certificate, recruitment. Examination on arrival. II. 130, 132, 136, 143, 255-277, 282; III. 46.— See also : Refusal of permission to enter, rejection. Examination on departure. I. 233235, 267-272, 399; II. 94-104, 109, 117, 250-255; III. 10, 38, i6, 64-66, 164.—See also : Refusal of permission to depart. Examining Committee (Argentina). See : Junta de visita. Excavation and archaeological research. III. 246. Exchange. See : Banking operations. Exchange of populations. III. 250, 255-257. Exit taxes. See : Entry and exit taxes. Export of capital. I. 75, 347. Expulsion. See : Deportation. Extradition. I. 318, 329-330; II. 4041, 305; III. 234-235. Extraterritoriality. III. 98, 101. Failure or delay in the execution of transport contract. I. 238-2Í5. Families. I. 46, 133, 179-182, 236, 308, 310-313; II. 31-32, 45, 57, 60-75, 122, 212, 257, 290-291. 312-313, 317-318. 323, 326, 335337, 341-348, 374-379, 383; III. 32, 34, 108-116, 126, 129-130, 133, 136, 138-146, 149, 163-168, 174176, 185.—See also : Assisted emigration and immigration, collective passports, colonisation, definition, desertion of family, repatriation. Father. See : Children, families, paternal permission. Federal Development and Migration Commission (Australia). II. 150. Federal Emigration Bureau. See : Reichsstelle für das Auswanderungswesen. Federal Emigration Office (Switzerland). 1. 22, 128, 144, 163, 347, 357, 367. Federal Government Central Police Office for Aliens (Switzerland). II. 86, 118, 169. Federal Institute for Employment Exchanges and Unemployment Insurance (Germany). See : Reichsanstalt für Arbeitsvermittlung und Arbeitslosenversicherung. Federal Migration Office ( Germany). See : Reichswanderungsamt. Fellowship of the British Empire Exhibition. I. 190. Finding employment. See : Placing. Fines. I. 158, 209; II. 87, 133-134, 197, 245-246, 274, 304-305, 309.— See also : Penalties. Fingerprints. I. 80, 84: II. 52, 60, 110, 111. 114, 144, 262, 392, 394, 404, 405, 407, 409; III. 38.—See also : Judicial record. Fiscal rights. See : Taxes. Fishing. See : Hunting. Food. I. 155-161, 228-232, 237, 239244, 294-307, 309, 398-399; II. 204, 246, 382-383, 385, 387; III. 65, 69, 72, 144, 165, 167, 172-175, 244.— See also : Accommodation, contract • of employment, contract of transport, ships. Forced labour. III. 229-237, 244, 248. Force majeure. I. 232-236. Foreign Labour Service, Ministry of Labour (France). II. 81, 125, 157158, 178, 206-207, 220, 233, 274; 111. 132, 177. Foremen. III. 130-131, 147, 150.— See also : Collective recruiting. Freedom of emigration and immigration. I. 1-6; II. 1-6; III. 29-38, 255-257. Freedom of travel. II. 422; III. 29 et seq., 37, 39, 44, 86-87, 143, 257260.—See also : Mandates. Free journey. I. 73-75, 188-192, 308k 330-334, 340-343; II. .335-337; HI, SUBJECT INDEX 67, 71-73, 131, 173.^See also : Assisted emigration, assisted immigration, eontraet of employment. Frontier cards. II. 427; III. 257260. Frontier depots, stations. See : Frontier inspection. Frontier inspection, supermsion. I. 260-267; II. 158, 165, 167, 206, 220, 286-289 ; III. 39.—See also : Frontier workers, frontiers, traffic. Frontiers. I. 259-262, 350-357; II. 119-130, 168-169, 271, 272-276, 286289, 426-429; IÍI. 42, 62, 133-154, 182.—See also : Frontier inspection, supervision ; frontier traffic, frontier workers. Frontier traffic. I. 94-95, 852-353; II. 426-429; III. 137, 257-260.— See also : Frontiers, frontier workers. Frontier workers. I. 352 ; II. 426429; III. 42, 74, 132, 134, 201, 223, 257-260.—See also : Frontiers, frontier traffic. Funerals. See : Burial, decease. Gafsa Mining Company (French Colonies). III. 168. General Directorate of Land Settlement and Immigration (Chile). II. 155. General Directorate of Lands, Mines, Settlement, and Immigration (Bahia). II. 153, 176. General Directorate of Settlement (Turkey). II. 170. General Emigration Department (Italy). I. 18. 23, 118-119, 134, 141, 146, 160, 178, 183, 185, 196, 206, 212, 217, 261, 265, 301-302, 308, 327, 333, 342, 345, 348, 354; III. 135, 163, 168. General Emigration Department (Portugal). I. 87-88, 92, 99, 123, 136, 143, 161, 192, 196, 201, 213, 220, 226, 254, 256, 272, 277, 303, 343, 349, 357. General Emigration Department (Kingdom of the Serbs, Croats and Slovenes). I. 125, 143, 202, 272. General Immigration and Land Settlement Office (Paraguay). II. 166 179, 212, 248, 309. General Immigration Department. See : General Immigration Office (Argentina). 333 General Immigration Office (Arsentina). II. 89, 110, 131, 141. 149150, 175. 230, 252, 258, 273. 278, 294, 427. General Immigration Society (French Employers). See : Société générale d’immigration (France). General Inspectorate for Lands and Land Settlement (Chile). II. 155. General Inspectorate of Land Settlement and Immigration (Chile). II. 155. General Office of Lands and Colonies (Argentina). II. 149, 354, 355. Gentlemen’s Agreement. II. 49, 51 ; III. 35-36. German Central Office for Workers. See : A,rbeiterzentrale, Deutsche. German Central Office of Agricultural Workers. See : Deutsche Feldarbeiterzentralstelle . German Foreign Institute. See : Deutsches Auslandsinstitut (Germany). Government Emigration Office (Belgium). See : Commissariat (du gouvernement) pour l’Emigration (Belgium). Grants of land. II. 146-150. 152-157, 168, 341-351, 351-374; III. 166.See also : Advantages granted to immigrants, land settlement. Grenzlauferkarte (Germany). See : Frontier cards. Guardians. See : Children, minority, paternal permission. Guardianship. I. 49-52; III. 91, 93-95, 124.—See also : Children, minors, legal minority. Gzady. III. 130, 147.—See also : Foremen, labour treaty. Head taxes. II. 65-75 ; Indochina : 400 ; Newfoundland : 57 ; United States : 276, 291, 311.—See also : Entry and exit taxes, registration. Health. I. 63-65; II. 51, 57-58, 92-104, 251-257, 259-262, 264-272, 274-275, 281-286; III. 164-165, 171. —See also : doctors, hygiene, medical assistance, medical certificate, medical examination, sickness. Heide Macdschappij (Netherlands). I. 147. Heimatlose. See : Nationality, lack of. 334 SUBJECT INDEX High Commissariat for Refugees (League of Nations). III. 18. High Commissioner for New Zealand in London. II. 179, 242, 254. High Commissioner for South Africa in London. II. 75, 268. High Commissioner for Southern Rhodesia in London. II. 179. High Commissioner of the League of Nations for the Protection of Refugees. III. 44, 96, 249-254. High Commissioner (Palestine). II. 30, 33. 65, 94, 108-109, 123, 148, 290, 312-313. High Commissioner (Syria and Lebanon). 1.110,196,204,209,218. Higher Council for Child Protection (Spain). I. 55. “Holland” Emigration Society. 1.135, 142, 185, 191. “■Home in Sweden” Society. See : SäUskapet Hem i Sverige. Hop-pickers. III. 148. Hospital treatment. See : Accommodation, food, hostels, hygiene, infirmaries, maintenance, medical assistance, ships. Hostels and shelters. I. 248, 263-267. 337, 361; II. 89. 175-176, 179, 201, 213, 231. 234, 258, 260, 274, 341-351, 355, 360, 376 ; III. 166.—See also : Official departments, private associations and societies. Hunting and fishing. 1.19; 11.413; III. 141, 180. Husband, wife. I. 36, 55-61, 312-313, 328; II. 68, 72, 89-91, 102, 104, 110, 115. 290, 359. 362, 399. 416-421; III. 35-37, 91-92, 95-96, 110, 216, 220, 243, 256.—See also : Definition of an emigrant, immigrant; families, marital permission, passports, women. Hygiene. I. 263-267; II. 283-286; III. 13, 15, 140, 173.—See also : Accommodation, doctors, epidemics, hospitals, treatment, infirmaries, maintenance, medical assistance, ships, sickness. Identity books and cards. I. 21, 29-30, 43, 79-80, 86-87, 89. 96, 176, 210, 213, 354; II. 9, 40, 56, 83, 108-117, 140, 164-165, 193, 262, 266, 319, 346, 395-401, 427; III. 41, 121, 134-1,35, 159, 257, 259.—See also : Cartera, legitimation card, passports, registration, tarjeta. Identity card of a frontier worker. III. 259. Identity certificates. III. 44-45, 69, 252-253. Illegal emigrants, immigrants. See : Clandestine emigration, immigration. Illiterate persons. See : Education, dictation and reading tests. Immigrant, Definition of. See : Definition of an emigrant, immigrant. Immigrant. See : Definition of an emigrant, immigrant. Immigrants' Sickness and Accident Fund (Australia). II. 382. Immigrants under contract. See : Contract labourers.—See also : Occupation, profession or trade ; resources; repatriation as a result of labour contracts. Immigration agents. II. 201-213, 226227, 245.—See also : Emigration agents. Immigration and Agricultural Committee, Honduras. II. 164. Immigration budget. II. 147-171, 240. —See also : Immigration funds. Immigration Commissariat (Rio de Janeiro, Brazil). II. 152, 176, 259. Immigration Commission (Cuba). II. 37, 53, 90, 262. Immigration Committee ( Guatemala ). See : Junta de immigración. Immigration Department (New Zealarid). II. 179. Immigration Funds. II. 147-164, 208, 211, 349.—See also : Assisted immigration, immigration budget, settlement fund (Venezuela). Immigration inspectorates (Brazil). II. 1.52. Immigration inspectors. I. 268, 368; III. 46, 53.—See also : Official departments. Supervisor of Juvenile Immigration (Canada). Immigration, Land Settlement, and Labour Section, Department of Agriculture, Commerce and Labour (Cuba). See : Immigration, Settlement, and Labour Office. Immigration Ofifice (Argentina). II. 230. SUBJECT INDEX Immigration Office (Bolivia). II. 151, 176, 205, 231, 392. Immigration Office ( Uruguay). II. 61, 234. Immigration officers. Argentina : II. 204; Belgium : II. 132; Canada : II. 1.54-155; Cuba: I. 362; French Establishments in Oceania : II. 208 ; French West Africa : II. 336 ; Great Britain : I. 363 ; II. 38 ; Italy : I. 365; Madagascar: II. 331; Mexico : II. 165; Serbs, Croats and Slovenes, Kingdom of the : II. 168; United States : II. 32, 170-171, 268-272, 282-283, 337; III. 10.— See also ; Immigration officials. Immigration officials. I. 278, 301, 368; II. 177, 179, 245, 273-283, 303-311, 326.—See also : Commissioners, consuls, curators, examination on arrival, inspectors, official departments, protectors. Immigration Section, Department of Foreign Affairs (Panama). 11.166. Immigration Service (French Establishments in Oceania). II. 133. Immigration Service ( Great Britain). II. 38. Immigration Service ( Indo-CMna). II. 143. Immigration Service (Madagascar). II. 133. Immigration Service (Palestine). II. 30, 108, 203. Immigration Service (Uruguay). II. 180. Immigration Services (Dutch Indies). II. 115. Immigration, Settlement, and labour Office (Cuba). II. 156, 365. Immigration taxes. II. 65-75, 114115", 165, 256, 276, 289-291, 311. Imperial Conferences. III. 36-37, 241. Inadmissible immigrants. I. 75; II. 45, 130, 277-283, 302-311, 314-315; 319, 321, 327.—See also : Examination on landing, restrictions. Indebted immigrants. II. 15, 61, 241, 264. Indian migrants. III. 36-37. Indigent persons. See : Paupers. Indirect emigration. I. 27, 68, 77, 361 ; III. 38, 57. Indirect immigration. II. 45, 130131.—See also : Indirect emigration. 335 Industrial companies, industries. III. 128, 136, 153. Infirmaries and sick-wards. I. 272273, 282-285, 326, 328, 343; II. 103, 148, 260, 270, 295, 299-300, 384-387; III. 108-111, 259.—See also : Hygiene, ships. Infirm persons. See : Sickness insurance, old age. Information. I. 13T-1U, 245-248. 340, 344-348, 396; II. lU-180. 232, 245-248, 341-351, 359, 376-380; III. 12, 24, 25-28, 167.—See also : Documentation, official departments, placing, private associations, propaganda, societies. Information and Propaganda Office (Colombia). II. 155. Information for emigrants. See : Education, information. Information Office for Emigrants (Austria). See : Oesterreiehische Auskunftsstelle für Auswanderer. “Informations de statistiques sociale (Les)” (Switzerland). I. 144. Inheritance. III. 92-93, 124, 212, 218. Insane persons. I. 64; II. 93-104, 321; III. 72, 95, 107-108. 110-111, 114, 116-117, 140. Inspection (in ports). I. 127, 295, 305. Inspection (labour). III. 187-188.— See also : Inspectors (labour). Inspection of migrants. I. 296 ; III. 53-55, 236.—See also : Inspectors. Inspection of records. See : Archives, books and documents. Inspection of ships. I. 281-291, 295, 297-306, 316; II. 293-300; III. 65-66, 230-233.—See also : Inspectors (ports, ships), ships. Inspectorate of Immigration and Settlement (Bahia). II. 154. Inspectors. See : Agents, commissioners, curators, high commissioners, officers, officials, protectors. Inspectors (labour). II. 381-388; III. 136, 146, 187-191, 245. Inspectors (ports, ships). I. 265, 271272, 276-278, 296-306; II. 232-233, 257-272, 278, 280, 295-300, 304, 310-311; III. 53. Inspectors (recruitment). 1.159,168171. 3.36 SUBJECT INDEX Institute far Intellectual Co-operation. III. 19. Institute for the Study of Emigration and Settlement. See : Instytut Naukowy do badan Emigracji i Kolonizacji (Poland). Institute of Economic Research on Emigration and Colonisation (Czechoslovakia ). 1. 131. Institute of Pacific Relations. III. 21. Institutes. See under the names of the various institutes.—See also : Agencies, associations, bureaux, commissariats, commissions, committees, councils, departments, directorates, ministries, offices, organisations, organs, sections, services, societies, unions. Instytut Naukowy do badan Emigracji i Kolonizacji (Poland). I. 136. Interdepartmental Committee (Belgium). II. 151. Interdepartmental Committee for Emigration and Colonisation ( Czechoslovakia). I. 112. International Association for Social Progress. III. 21. International Chamber of Commerce. III. 21. International Financial Commission. III. 251. International Committee on Intellectual Co-operation of the League of Nations. III. 19. International Committee on the Navigation of the Congo. III. 231. International Emigration Commission. III. 12, 18, 26, 235-236. International Conference of Private Organisations for the Protection of Migrants. I. 131. International Conference on Emigration and Immigration (Rome, Havana). III. 12-14, 19, 24-25. 27, 186, 201. International Congress on Thrift, 1924. III. 21. International Council of Women. III. 22. International Employment Association (Spain). See : Bolsa del Trabajo internacional. International Federation of League of Nations Unions. III. 21. International Federation of Trade Unions. III. 21. International Institute of Agriculture. III. 14-15, 19, 27. International Labour Conference. III. 4, 17-18, 24-28, 204-205, 241. International Labour Office. III. 1218, 24-28, 205, 241-242.—See also : International Labour Conference, International Labour Organisation, traffic in women and children. International Labour Office, Basle. III. 16, 21. International Labour Organisation. III. 1, 3-4, 12. 16-17. 24, 205, 241. International Maritime Committee. III. 21, 55. International Migration Service. III. 21. International Office for Suppression of the Traffic in Women and Children. III. 233. International Parliamentary Commercial Conference. III. 20. International Public Health Office (Paris). III. 19. International Railway Union (Berne). III. 3, 19, 51. International Shipping Conference. III. 21-22. International Trade Union Conference. III. 21. International trains. III. 39. Inter-Parliamentary Union. III. 20. Interpreters. I. 296-298, 302, 304, 400; II. 178, 344; III. 53-54, 190.— See also : Ships. Interruption of or failure to complete the journey. I. 238-245, 399; II. 45. Italian Labour Office (Ufficio del Lavoro per gli Italiani) (United States). I. 134. Italica Gens. I. 134. Jakoleselv, III. 60. Japanese immigrants. III. 35-36. Jewish Colonisation Association. III. 22, Journey. See : Definition of an emigrant. ' Judicial record. I. 40-42, 161 ; II. 32-44, 86, 110-119, 254, 367, 410, 416; III. 39. SUBJECT INDEX Junta central de emigración (Spain). I. 73, 78, 127, 264, 311-312. Junta de immigración ( Guatemala). II. 164, 211. Junta de visita (Argentina). II. 245. Juntas consulares (Spain). I. 127, 136, 343, 347, 349, 402. Kaigai lonin Kiokai (Japan). 1.147. Kammer für Arbeiter und Angestellte in Wien (Austria). I. 131, 139. Kanganies. II. 209-210. Keep. I. 216-220, 263-267, 320-335; II. 65-76, 303-310, 330-334, 359, 363; III. 108-112, 131, 144, 182.— See also : Assisted emigration, cancelling transport contracts, food, maintenance obligations, seamen, transit. Kristelig Forening for Unge Kvinder i Danmark. I. 132. Labour. See : Labour market. Labour and Socialist International. III. 21. Labourer's return certificate (United States). II. 271. Labour exchanges. See : Employment exchanges. Labour councils, courts, tribunals. II. 423; III. 90, 149-150, 174, 192193, 205.—See also : Arbitration, conciliation, procedure. Labour legislation. See : Protection of workers. Labour market. I. 78, 137-144; II. 13, 124, 127-128, 137, 151, 171, 179, 189-200, 203, 206, 389; III. 26-27, 43, 68, 70, 132-133, 138-139, 143-144, 154, 188.—See also : Occupation, profession, trade ; placing. Labour Office of Bratislava (Austria). III. 195. Labour Office, Federal (Switzerland). III. 154, 225. Labour permit. II. 113, 191-200, 305, 319, 409; III. 42-43.—See also: Contract of employment, work books, work cards. Land Department (Australia). II. 150. Landesämter (Germany). I. 24. Landesarbeitsämter (Germany). II. 14, 161. 337 Landing cards, permits. II. 108, 110111, 115-116, 126, 252, 266, 405.— See also : Examination on arrival. Landing tax. II. 57-58, 65-75, 121. Landoekonomist Rejsbureau (Denmark). III. 182. Land settlement. I 145-147, Í82-483, 191, 351-374; II. 160, 164, 166, 168, 171, 173, 201, 213, 238-239, 309, 344-345, 351-374; III. 9, 14, 19, 77, 162-166.—See also ; Advantages granted to immigrants, colonial institutes, education, establishment, grants of land, mandates, official departments. Land Settlement Branch of the Department of Immigration and Colonisation (Canada). II. 177. Land Settlement Service (Bio de Janeiro). II. 124, 154. Landverhuizing Vereeniging (Netherlands). I. 134, 142, 185, 191. Languages. II. 48-49, 54-55, 62-63, 137, 173, 268, 341; III. 136, 146, 152, 174, 183, 190.—See also; Dictation and reading tests. La Patria (Italy). I. 134. League for the Prevention of the Traffic in Women. I. 263. League of Hungarians Abroad. 1.134. League of Nations. III. 1, 3, 8,13-19, 27, 40, 44-45, 47, 96, 103-104, 121122, 252.—See also : Mandates, refugees, slavery, traffic in women and children. League of Nations Committee on the Traffic in Women and Children. See : Advisory Committee. Legal assistance. I. 344, 348 ; II. 346, 382-388; III. 17, 96, iOS-106, 208209. Legal incapacity. III. 93-95, H3-H7, 124.—See also : Insane persons, minors. Legal minority. I. 49-55.—See also : Minority. Legal procedure : competent authorities. I. 254-257.—See also : Procedure. Legal proceedings. Persons liable to. I. 40-42, 329-330; II. 32-44, 60, 121, 312-328 ; III. 100, 256.—See also : Anarchists, criminals, judicial record, rejection. Legal status. III. 13-15, 21, 66-67, 78-Í24. 22 338 SUBJECT INDEX Legitimation card. II. 108, 118; III. 259.—See also : Identity books and cards. Legitimierung (Germany). II. 161. Lemieux Agreement (Canada-Japan). III. 35. Licence. See : Recruiting, security, taxes. Limitation of emigration. See : Restrictions. Lists of emigrants. I. 252-254, 274278; III. 51. Lists of immigrants. II. 21, 136, 255-277, 297. Literacy tests. I. 72; II. 48-49, 51, 55, 61-63, 121.—See also : Dictation and reading tests. Lithuanian State Labour Inspectorate. 111. 148. Litigation. See : Arbitration, conciliation, courts, legal procedure, penalties, procedure. Luggage. See : Effects, insurance. 372.—See also : Continental emigration, medical examination, passports, sickness. Medical examination. I. 265, 267272, 319-321 ; II. 92-104, 168, 251255, 274-275, 284-286; III. 46, 6467, 131-132, 145, 147, 150, 164, 166-167.—See also : Doctors, epidemics, medical assistance, medical certificate. Memorial Settlers^ Association, 1820 (Great Britain). I. 134. 190; II. 184, 243. Migrant. III. 22-25, 52-55.—See also : Definitions. Migrants' goods. III. 73-77.—See also : Effects. Migration and Settlement Department (Australia). II. 176. Migration Committee (Rumania). I. 125, 196; II. 129, 167. Migration Office (Australia). II. 151. Migration Offioe (Austria). See : Wanderungsamt. Migration Office (Mexico). I. 365. Maintenance. See : Assisted emigra- Migration Service, International Lation, cancelling transport contracts, bour Office. III. 18, 26. food, keep, maintenance obligations, Military obligations and service. I. seamen, transit. 42-45, 84-86, 89, 92-93, 330, 334Maintenance obligations. I. 46-49, 335; II. 348, 350-351, 391, 418; 255-258, 329; II. 64-76, 215-230, III. 32, 88,100,122-123,131,171. 383; III. 76, 109, 112, 114, 182.— Ministries. See under the names of See also ; Children, desertion of the various ministries.—See also : family, food, keep. Agencies, associations, bureaux, Mandates. III. 81, 102, 232, 239, commissariats, commissions, com245-248, 255. mittees, councils, departments, diMarital permission. I. 40, 55-61, 91rectorates, institutes, institutions, 93; II. 89.—See also : Wives. offices, organisations, organs, sections, services, societies, unions. Marriage. I. 20, 51, 55-61, 174; II. 190, 192, 221, 318, 325, 359, 370, Ministry of Agriculture and Á>restry 377-378, 391, 394, 403, 409, 416(Austria). .III. 130. 421 ; III. 91-93, 95-96, 100, 104, 110, Ministry of Immigration and Land 243. —See also : Registration. Settlement (Ecuador). II. 157, 366. Maternity insurance and benefit. II. Minorities. III. 255. 386; III. 188, 227. Minority. I. 49-55; II. 88-92; III. Matto Grosso (Brazil). III. 82. 91.—See also : Age, children, famiMedical assistance. I. 104-106, 266, lies, minors. 272-273, 296-307, 309-310, 315, 398; II. 165, 260, 265-266, 270, 294-300, Minors. I. 49-26, 91-93, 166, 187, 311-312, 334, 396, 402; II. 88-92, 340-350, 363, 382-388; III. 107111, 221, 290-291, 331, 345-346, 112, 140-141, 152, 165-166, 175, 391-393; III. 35-36, 91, 93-95,of em244. —See also 68, : Contracts 108, 113-116, 118-119, 124, 151, ployment, doctors. 167, 233-237.—See also : Age, chilMedical certificate. I. 36. 53, 62-65, dren, families, minority. 88, 90, 234-235, 271-272; II. 242, 252-272, 279, 284-286, 328, 367, Mission, French Labour. III. 145. SUBJECT INDEX Missions, Religious and charitable. III. 247.—See also : Priests and ecclesiastical functionaries. Missions, Scientific. III. 242. Mitteilungen der Wiener Arbeiterkammer über Aus- und Einwanderung. I. 131. Model labour contraéis. III. 169-177. Mode of payment for transport. I. 221-222. Montefiore Assoeiation (Netherlands). I. 142. Monthly Record of Migration (International Labour Office). III. 27. Morals. I. 40-42. 55-62; II. 33-44, 241. 295, 311-328, 416; III. 30, 36, 38-39, 68, 112, 134, 146, 149, 151. 173, 233-237, 259.—See also : Convicted persons, judicial record, police, prostitutes. Morals and behaviour. Certificates of satisfactory. I. 40-42 ; II. 32-44, 86, 110-117, 119, 242, 404, 410, 416; III. 134, 164, 259.—See also : Identity books and cards, judicial record, morals. Nachrichtenblatt der Reichsstelle für das Auswanderungswesen. I. 140. Nansen Certificate. 111.44,252-253.— See also : Refugees. National Agricultural Credit Fund (France). See : Caisse nationale de crédit agricole. National Credit Institute, ‘A. C. L. E.” (Italy). I. 120, Í91. National Employment Council (France). II. 159. . National Employment Office (France). II. 158; III. 136, 143. National Institute for Colonisation and Foreign Enterprise (I. N. C. I. L.E.") (Italy). 1.120,191. Nationality. II. 46-61 ; III. 17, 32, 67, 97-101, 105, lio, 115, 153, 248. —See also : Naturalisation, option. Nationality, Lack of. II. 48, 56, 421; III. 44-45, 93-96, 110. Nationality, Loss of. I. 13.—See also : Nationality, lack of, renunciation of. Nationality of ships. I. 107. Nationality, Renunciation of. I. 32. National Union for Emigration and Labour. See : Consorzio nazionale di emigrazione e lavoro (Italy). 339 Native Labour Bureau (Southern Rhodesia). III. 156-158. Naturalisation. II. 415-422; III. 3233, 39, 97-100. Nederlandsche Jongelingsverband. I. 142. Nederlandsche Vereeniging “Landverhuizing”. See : Dutch Emigration Society. Negro slave trade. See : Slavery. Netherlands League of Youth. See : Nederlandsche Jongelingsverband. Nettuno Agreement. See : Agreement concerning workmen. New Settlers^ League. II. 231, 343, 376-377. New Zealand Sheep Owners' Acknowledgment of Debt to British Seamen Fund. II. 184. Night work. III. 187-188. Nominated immigrants. II. 64-65, 237, 239, 242, 376. Nomination system, nominators. See ; Nominated Immigrants. Non-quota immigrants. II. 19-20, 3132, 118, 25è, 410, 428 (United States). Nordmannsforbundet. I. 135. Norges Oplyaningskontor for Naringsveione (Norway). I. 135. Norwegian Association. See ; Nordmannsforbundet . Norwegian Information Bureau for Industry and Commerce. See : Norges Oplyaningskontor for Naringsveione (Norway). Nouvelle Société helvétique. I. 349. Núcleos coloniaes (Brazil). II. 152, 345, 358-359, 363, 383. Numerical restriction. II. 28-32, 151, 161, 186, 188, 193-194; III. 35-38, 155-156, 158, 165, 168, 182-183.— See also : Quota immigration. Nurses. See: Medical assistance, sickness. Ny lord, Selskap for Landets Kolonisacfon og Emigrasjonens innakrenkning (Norway). I. 135. Occupation, profession or trade. I, 69-70, 76, 197", 398, 402; II. 9, 29, 46, 60, 76-87, 124, 127-128, 187200, 219, 229, 411-415; III. 39, 4344, 81, 88, 127, 133-134, 140-143, 340 SUBJECT INDEX d77-i82, 258-259.—See also : Definition, lists of emigrants, restrictions, transport, permits. Oderberg. III. 147. Oesterreichische Auskunftsstelle für Auswanderer. I. 110. Office for the Colonisation of Tripoli. I. 120. Office for the Protection of Emigrants '^(Mexico). I. 121. Office for the Suppression of the Slave Trade (Brussels). III. 232. Office of Labour and Immigration, Pernambuco (Brazil). II. 154. Office of Lands and Colonies (Argentina). 11.149,354-355. Office of National Lands (Venezuela). II. 180. Office of the Algerian Government. II. 179. Office of the Government of Tunis. II. 179. Office of the Sheri fian Government and of the French Protectorate in Morocco. II. 179. Officers. II. 38.—See also : Agents, commissioners, curators, emigration agents, high commissioners, inspectors, officials, protectors. Offices. See under the names of the various offices.—See also : Agencies, associations, bureaux, commissariats, commissions, committees, councils, departments, directorates, institutes, institutions, ministries, organisations, organs, sections, services, societies, unions. Official Departments. I. 408-129, 184187, 344-347, 39S-.396; II. 145-171, 174-180; III. 12-19, 127-128, 170.— See also under the names of the various departments ; and under : Agencies, assisted emigration and immigration, associations, bureaux, commissariats, commissions, committees, consuls, councils, departments, diplomatic agents, directorates, education, information, institutes, institutions, ministries, offices, organisations, organs, placing, private societies, sections, services, societies, statistical services, unions. Official Employment Office (Brazil). II. 232. Official Unemployment Insurance and Employment Services (Netherlands). II. 84. Officials. See : Agents, commissioners, curators, emigration agents, high commissioners, inspectors, officers, officials, protectors. Old age. I. 62-63, 91-93, 396; II. 88-92, 117, 121, 128, 400; III. 108, 110, 140.—See also : Age, sickness. Old-age insurance. II. 424; III. 77, 141, 152, 218-222. Opera Bonomelli (Italy). See :Bonomelli Societies. Opera Cardinal Ferrari (Italy). See : Cardinal Ferrari Society. Optants. III. 248-249, 254-255.—See also : Repatriated persons. Option. III. 98, 153, 248-249, 254255. Organisations. See under the names of the various organisations.—See also : Official departments. Organs. See : Agencies, associations, bureaux, commissariats, commissions, committees, councils, departments, directorates, institutions, institutes, ministries, offices, organisations, sections, services, societies, unions. Orphans. I. 190; II. 65-66, 108, 382; 111. 109-110, 113-116, 216-217, 220. Overseas Emigration. III. 24, 32, 56, 64-65. Oversea Settlement Committee ( Great Britain). I. 112-113, 132-133, 140, 145-146. Palestine Zionist Executive. II. 30, 148, 203; III. 247. Pan-American Conference on Eugenics and Ilomiculture. III. 15-16. Pan-American Health Office. III. 16. Pan-American Union. III. 13. Papers. See ; Documents. Parents. See : Children, families, parents’ permission. Parents’ permission. I. 40, 49-55, 91-93; II. 89-92, 221.—See also: Age, children, sex. Passage brokers. I. 205, 207, 211214, 225, 229-231, 246-247, 252254, 275, 278, 283.—See also : Emigrant carriers, staff of transport undertakings. Passage money. See ; Tickets. Passages. See : Tickets. SUBJECT INDEX Passport fees. I. 81, 83-89; II. 106107, 115, 118; III. 40-41, 62, 157. 159. Passports. I. 40-42. 79-89, 91, 148149, 249-254, 271, 396; II. Í05-H9, 161, 191, 194, 267-268, 303, 333334, 338-339; III. 35-36, 39-Í5, 62, 68, 131, 148, 150, 157-159.— See also : Clandestine emigration and immigration, continental emigration, frontier traffic, examination on arrival, official departments, passport fees, restrictions, ' transit, visas. Pastoral migration. III. 259-260. Pasvik. III. 60. Paternal permission. I. 40, 50-55; II. 58, 90, 221.—See also : Age, children, sex. Patronato Agricola (Brazil). II. 153, 246, 383; III. 166. Patronato degli Emigranti (Italy). I. 134. Patronato degli Emigranti (Tunis). I. 134. Patronato Italiano (Buenos Aires). I. 134. Paupers and needy persons. I. 273; II. 72, 101-104, 115, 121. 307-308, 312-314, 316-319, 321-325, 327, 350, 396; III. 66, 72-73, 88, 102116, 140.—See also ; Assisted emigration, immigration; charitable assistance, resources. Penalties. I. 56, 93-99, 161, 166, 170-173, 184, 250-252, 254-2.57, 401; II. 87, 197, 203-204, 245-248, 258, 260, 275, 281, 303-313, 315328, 338-339, 378, 384, 393, 397, 407-409; III. 172-173, 245.—See also : Clandestine emigration and immigration, contract of transport, deportation, employment, judicial record, police, propaganda, restrictions, seamen, staff, transport agents. Pensions. III. 73, 139, 141-142, 196197.—See also : Insurance. People’s Commissariat of Agriculture (R.S.F.S.R.). II. ,84-85. Permanent Conference for the Protection of Migrants. III. 22. Permanent Court of International Justice (The Hague). III. 19, 99. Permanent Emigration Committee ( Czechoslovakia ). 1. 112. 341 Permanent Emigration Committee (Italy). I. 119. Permanent Immigration Committee (U.S.S.R.). IÍ. 167. Permanent Interdepartmental Immigration Committee (France). II. 159. Permanent Migration Committee (International Labour Office). III. 18. Permission to emigrate. I. 35-39, 88, 90-99, 249-252; III. 128-169.—See also : Permission to immigrate, permission to enter, restrictions. Permission to immigrate. I. 87; II. 24-28, 56-58, 82 et seq., 108, 110, 115, 117-118, H9-130.—See also : Official departments, permission to emigrate. Permission to take up employment. II. 29, 43, 82-87, 112-119, 216, 319, 394-395, 405, 409-410; III. 138, 153-154.—See also : Contract of employment. Permission to place in employment abroad. I. 18Í-Í87.—See also : Recruitment. Personal service. Exemption of.—I. 21, 92; II. 124, 193, 196.—See also: Definition, domestic servants, restrictions. Phosphate mines. III. 168. Placing. I. 100-102. 152, 18Í-Í87 ; II. 145-171, 182-184, 230-23Í, 3413.50, 383; III. 18-19, 125-168.— See also : Continental emigration, distribution, employment, employment exchanges, information, permission to place in employment abroad, private associations, recruitment. Police. I. 40-42, 268; II. 32-44, 164; III. 31, 38-39, 57, 61, 68, 260.—See also : Convicted persons, inspection, penalties, procedure. Polish Emigration Association. See : Polskie Towarzystwo Ëmigraeyjne. Political rights. II. 422-423; III. 8791.—See also : Establishment. Polksie Towarzystwo Emigracyjne. I. 135. Ports. I. 227, 263-278, 316-321, 359367; II. 124, 126-128, 131-132, 135144, 155, 165, 211, 286-289, 350; III. 31, 39, 44. 46. 48-50, 54, 57, 60-62, 65, 160, 167-168.—See also : Consular agents, diplomatic agents. 342 SUBJECT INDEX emigration officers, emigration officials, examination on arrival, examination on departure, official departments, placing, recruitment, seamen. Postal cheques and orders. III. 19, 74-76. Posting-up and publication of the cost of transport. I. 216-218, 398399. Posting-up of legal provisions and regulations. I. 257-258; II. 248, 300. Priests. I. 20, 210; II. 12, 19, 48, 54, 57, 60, 65-66, 87, 108, 123. 128, 229, 411, 415; III. 258. Prinetti Decree. I. 74. Private associations and societies. I. 129-136, 138-144. 187-190, 273, 330, 347-349; II. 172-173, 231, 236; III. 20-22, 90, 109, 111, 140-141, 144145, 164-165, 188, 192, 237. See under the names of the various associations.—See also : Agencies, bureaux, commissariats, commissions, committees, councils, departments, directorates, education, institutes, ministries, offices, organisations, organs, sections, services, societies, unions. Procedure. I. 172-173, 228-232, 2.54257, 401 ; II. 277-283, 314-328, 380388 ; III. 64, 130,136,143, 145, 148, 150-152, 156-157, 167-168, 173-174. —See also : Administrative services, arbitration, cancelling contracts, conciliation, consular agents, diplomatic agents, emigration officers and officials, inspection, penalties, placing, tribunals. Proceedings. See ; Convicted persons, penalties, procedure. Professors, teachers. I. 18, 20, 210; II. 11-13, 19-20, 60, 87, 115, 189, 198, 229; III. 34, 118, 138. Prohibition. See : Legal incapacity. Propaganda. I. 156-157, 170-172, 2Í5-2Í8, 396, 400; II. 148-171, 244248.—See also : Documentation, information, transport undertakings. Property rights. II. 424-425; III. 8088, 120-121, 134, 139, 144, 152.— See also : Mandates, option. Prostitutes. I. 56-62, 92, 275; II. 3244, 314-327; III. 233-237.—See also : morality, morals, police, traffic in women and children. Prostitution, Encouragement of. II. 35, 311, 318, 325.—See also Prostitutes. Protection. I. 294-306. 338-349, 360; II. 244-248, 341-351, 380-388; III. 9, 20, 50, 53-55, 123-124, 133, 138, 159.—See also : Departure, official departments, private associations and societies, protectors, sex, ships. Protection of girls and young women. III. 22, 55.—See also : Private associations and societies. Protection of workers. III. 17, 125228. Protector of Chinese. I. 70, 84, 111 ; II. 39, 43, 241, 306-307. Protectors. I. 117, 190, 265, 271, 321. —See also : Agents, commissioners, curators, high commissioners, officers, officials, inspectors. Protectors of emigrants, immigrants. I. 117, 159, 168. 171, 190, 265, 271, 321; II. 162, 210, 222-223, 225, 241, 298, 307,-337, 387, 402-403. Provisioning. See : Board, keep, ships. “PrzegladEmigracyjny” (Poland). I. 143. Publication of regulations. See : Posting up of legal provisions and regulations. Publications. See : Documentation, information. Public charge. Persons becoming a. See : Deportation, paupers, resources. Publication of information concerning transport agencies. I. 208-215; III. 63.—See also : Emigration agencies, agents, transport agents. Quota immigrants. I. 94; II. 19-20, 31-32, 49, 58, 118, 410 ; III. 37,156. —See also : Numerical restriction. Race. I. 9, 46-61, 353-357; II. 9, 11-12, 25, 46-61, 62, 79, 121, 124, 143, 309, 325, 390, 405, 417, 424; III. 31-38. Albanians : II. 49. Annamites : III. 239. Arabs : II. 52, 56. Armenians : II. 52, 56; III. 44, 69, 96-97, 104, 180, 250253. Assyrians : III. 45, 2.50, 253. Assyro-Chaldeans : III. 45, 250, 253. Chinese: I. .53, 69-70, 264; II. 15, 17, 47-61, 72, 102. 124, 143- SUBJECT INDEX 343 144. 148, 156, 198, 203-204, 216, Recruitment undertakings. See : Re236, 241, 247, 252, 256, 261, 264, cruiting agents, recruitment, staff 274-275, 279, 286-288, 330. 381; of recruiting agencies. III. 33-35, 167, 190, 239.—See Red Cross Society. I. 131, 264; III. also : Deportation, passports, regis22. tration, rejection. Dravidians : II. Re-emigrant. See : Definition of an 59. Gipsies : II. 32, 43-44, 46, 60, emigrant, repatriated persons. 326,328. Indians: II. 15, 51, 59, 162-163, 209. 222-225, 241, 306-307, Refugees. I. 9 ; II. 200, 347, 350, 379, 410; III. 17, 18, 45, 69-70, 95-96, 333, 339, 385-387, 401-403; III. 36104, 180, 2Í8-253. 37, 73, 162, 168-169, 238. Japanese : II. 51, 59-60; III. 31, 35-36, Refusal at the point of departure. I. 239. Javanese : II. 125, 241, 298233-238, 268-272, 318-321. 299, 334, 387, 399; III. 71, 169. Refusal of permission to enter. I. 322Kurds : III. 250. Lapps : III. 260. 324; II. 277-283. Lebanon, natives of : II. 56 ; III. 259. Lybians : III. 98. Mongols : Regime of the Straits. III. 58. II. 55. Negroes : II. 55, 59, 198, Registered letters. III. 74. 428.—See also : Slavery. Palesti- Registration. I. 340-343, 402-403; nians : II. 56. Persians : II. 113. II. 149, 161, 389-411; III. 157, 159Russians. See : Refugees. Sy160, 259. rians : II. 52, 56, 59. Turks : I. Registration of immigrants and rési336; II. 45, 52, 56, 59-60, 130, 349; gnée permits. II. 389-411. III. 253, 256.—See also : RefuRegulated immigration. See : Immigees. grants under contract. Railways. I. 188, 307-309; II. 301; III. 57, 61, 65-66, 150.—See also : Reichsanstalt für Arbeitsvermittlung und Arbeitslösenversicherung ( GerContinental emigration, cost of many). II. 31, 161, 194, 209, transport, transit, transport by 222. land. “Rapports économiques et statistique Reichsarbeitsverwaltung. II. 161, 194. sociale'’’. II. 180. Reichsstelle für das Auswanderungswesen ( Germany). I. 113, 132, Reading test. See : Dictation test. 140, 332. Records. See : Archives. Reichswanderungsamt (Germany). I. Recovery of debts. III. 74-76. 43, 69, 113, 836.—See also : ReichsRecruiting agents. I. 150-173, 271stelle für das Auswanderungswesen. 273, 320; II. 201-213; III. 67, 71, 160, 167.—See also : Agents, con- Reimbursements. I. 232-238, 399; II. 136, 236-241, 302-310, 344-345, 363tract of employment, procedure, 364, 366; III. 73, 108-110, 114, 131, recruitment, security, staff of recrui140, 251.—See also : Advances of ting agencies. money. Recruiting fees. I. 154, 158-159, 163169, 170; II. 204; III. 122, 147, Reiseausweis (Germany). II. 113, 161, 194, 401. 156, 158, 161, 168.—See also : Contract of employment, employment, Rejected persons. See : Definition of an emigrant, immigrant; deportarecruitment. tion, examination, rejeetion, repaRecruiting licence. I. 151-163, 165, . triation. 174-180, 325-326; II. 201-213-, III. 155-161, 243.—See also: Official Rejection. I. 71, 268-271, 318-324, 399; II. 43, 86, 101, 277-286, 302departments, security, staff, taxes. 311, 319; III. 43, 63, 66-67, 130, Recruiting for land settlement. I. 152, 147, 176.—See also : Examination 182-183; III. 162-166, 237-245. on arrival. Recruitment. I. 49, 51-78, 111-129, U8-192, 245-250, 324-328, 400; II. Relief Committees (France-Poland). III. 146. 113, 201-213, 238 ; III. 31, 49-50, 52, 70-71, 105, 125-169, 170, 189-190, Religion. I. 46-61, 130, 178; II. 48, 53, 63, 72, 415; III. 91, 172, 174, 243.—See also : Continental emi242, 247, 256. gration, contract of employment. 344 SUBJECT INDEX Religious communities. II. 48, 53, 54.—See also : Missions. Repatriated persons. I. 335-337 ; III. 53, 65, 73, 100, 124, 149.—See also : Emigration funds. Repatriation. I. 65-70, 173-182, 318337, 341, 343-344, 402; II. 43, 69, 163, 205, 302-311, 311-339, ,370; III. 26, 37, 50, 66-73, 73-74, 88, 108-117, 256.—See also : Clandestine emigration, immigration, deportation, official departments, pass ports, recruiting licence, rejection. Repatriation on fulfilment of labour contracts. I. 32Í-328 ; II. 138-139, 329-335; III. 70-72, 130-169, 176, 244. Repatriation Committee (Greece). I. 116. Repatriation funds. III. 67, 131. Repatriation Office (Poland). I. 122. Rescission. See : Cancellation of contract of employment, cancelling transport contracts. Residence. II. 105, 122, 124-130, 151, 197, 389-411, 412, 414, 417, 427429; III. 68, 85-88, 107-109, 125, 148-150, 152-153.—See also : Establishment, residence cards, residence permits, land settlement. Residence cards and certificates. II. 57. 59, 72, 83-84, 189-190, 196-197, 221, 312, 318, 322, 325, 327, 338, 389-411; III. 148.—See also: Cedula de vecindad, identity books and cards, residence permits. Residence permit fees. II. 83, 389411; III. 81, 121-122, 252.—See also : Residence cards, residence permits, documents, registration. Residence permits. II. 83-84, 134, 144, 151, 167, 189-190, 196. 312, 318, 338, 389-411; III. 29-39, 68, 83, 85-88, 133-134, 138, 148-149, 252-253, 257-258. Resources. I. 65-69, 92-93, 148; II. 46, 64-76, 80, 84, 95-104, 121; III. 34, 63, 72, 102-114.—See also : Children, passports. Restrictions on emigration and immigration. I. 32-107, 396, 402; II. 24-144, 268; III. 12, 29-45, 57, 64, 87, 133, 155-156, 158. See also : Mandates. Return. See : Repatriation. Return of deported and refected persons to their country of origin. See : Repatriation. Rhine bargemen. III. 43-44. Right of association. II. 423 ; III. 90, 140, 144. 148-149, 152, 165, 173, 184-185, 192-194. Right of asylum. II. 33 et seq. ; III. 39, 90-91. Right of expatriation. I. 32; III. 33, 100. Right to emigrate and restrictions on this right. I. 32 et seq. Right to immigrate and restrictions on this right. II. 24-144. Round Table Conferences. III. 37. Royal Italian Commissioner. III. 53, 65. Royal Siam Railway Company (Siam). II. 129. Runaways (minors). III. 115-116. Runners. I. 163, 195, 209, 245; II. 246.—See also : Emigrant carriers. Russian refugees. II. 200; III. 44, 69, 96-97, 104, 180, 250-253.— See also : Refugees. Safe-conduct ( Germany). See : Reiseausweis. “Sailing permit” (Quebec). 11.90. Salaries. See : Wages. ScUlskapet Hem i Sverige. I. 136. Salvation Army. I. 133-134, 189; II. 184. Savings. I. 347-349; II. 216, 219; III. 19, 21, 73-77, 90, 144, 151, 1.52, 157, 168.—See also : Official departments. Savings banks. I. 347-349; II. 357; III. 73-77, 144, 152,188.—See also : Savings. Schools. I. 144-147; II. 181-184; III. 117-119, 141, 145, 152, 165, 175.— See also : Apprenticeship, education, technical training. Seamen. I. 100-107, 152. 324-325; II. 19, 50, 58, 85, 136-144, 196, 291, 331, 404; III. 71-72, 112, 127, 141, 171, 200, 211-212, 215, 223. Seasonal emigration. I. 22, 54, 84, 250; III. 24, 42, 129-137, 147-150, 154, 162, 259.—See also : Continental emigration, seasonal workers. SUBJECT INDEX Seasonal emisration to pasture lands. III. 259. Seasonal immigration. I. 352, 354, 356; II. 86, 125, 189, 191, 214, 338, 395, 427.—See also : Seasonal emigration. Seasonal workers. I. 352-357, 394; II. 8, 426-429; III. 65, 70, 122, 134135, 170-174, 195, 200, 224-225, 259-260.—See also : Definition of an emigrant, definition of an immigrant, recruitment. Sections. See under the names of the various sections.—See also : Agencies, associations, bureaux, commissariats, commissions, committees, councils, departments, directorates, institutions, institutes, ministries, offices, organisations, organs, services, societies, unions. Security (contract of employment). I. 324-328; II. 204, 224, 229, 332. Security (emigration). I. 50-51, 92, 95.—See also : Resources. Security (immigration). II. 50, 64, 67, 74, 115, 123, .326, 335-337.— See also : Immigration restrictions. Security (recruiting asents). I. 154163, 16.3-167; II. 203-212; III. 158, 243.--See also : Recruiting licence. Security (transit). I. 361-368; II. 51. Security (transport undertakings). I. 195, 203-208, 398; II. 278-282, 303304, 313, 318.—See also : Transport agents, transport permits. Separation of families. See : Families. Service for the supervision and assistance in France of native workers from French Colonies. II. 159. Services for the control of alien workers in France. II. 158. Services of hygiene. I. 263-267; II. 283-286; III. 13, 19, 53, 64-66. Services. See under the names of the various services.—See also : Administrative services. Settlement centres. See : Núcleos coloniaes (Brazil). Settlement Commission (Uruguay). II. 171. Settlement fund (Venezuela). II. 374. Settlers (Colonists). I. 9, 190; II. 74, 114, 173, 181, 218-219, 228, 237240, 246, 335-337; III. 35, 128, 163, 166.—See also : Definition of an 345 emigrant, definition of an immigrant, settlement. Seventh Pan-American Sanitary Conference (Havana). III. 65. Sex. I. 55-62, 88, 263-264, 266, 402; II. 88-92, 190-191, 416; III. 172, 174-175.—See also : Families, minority, ships, wives, women. Shipowners. II. 131.—See also : Contractors, shipping companies, ships, transport agents. ^ Shipping agents. See : Transport agents. Shipping companies. I. 263, 267268, 272, 316, 330-335, 396-410;, II. 130-136, 142, 178, 180; III. 4755, 61-66,128.^,See also : Transport contractors, examination upon arrival, ships. Ships. I. 274-278, 281-306, 316-317, 332-335, 399-400; II. 283-286, 293300, 331 ; III. 48-59, 64-66,167, 211212, 223.—See also : Cancelling transport contracts, clandestine emigration (immigration), contract of tran|i^rt, departure of emigrants, exar^^^tion on arrival, mandates, official departments, seamen, transport licence. Ships ; special staff. I. 296-306.— See also : Seamen. Shortage (as a reason for deportation). II. 69. Sickness. I. 63-65. 104, 174-175, 178179, 232-236, 263, 265-266, 396; II. 69, 92-104, 111, 121, 283, 309, 315, 321, 328, 330, 333, 336-337, 341, 346, 350, 382-386; III. 57, 64-66, 71, 107-112, 116-117, 139, 140, 146, 150, 168, 173, 176-177.— See also : Contract of employment, hygiene, medical assistance, medical examination, rejection, repatriation, ships, sickness insurance. Sickness insurance. I. 180; II. 384, 424; III. 149,173,175,188, 226-228. “Sickness Mis^ance Fund for Alien WorkersifÊBmnmark). II. 384. Sick persons^^See : Sickness. Sixth International Conference of American States (Havana, 1928). III. 13, 25, 32, 68, 89. Slavery. III. 17, 229-237, 248. Sleeping accommodation. I. 263-267, 282-294, 300, 332-335; II. 292-300; III. 172. 346 SUBJECT INDEX Smuggling, Suppression of. II. 42; State Labour Offices (Germany). See : III. 38. Landesarbeitsämter. Social Board (Sweden). I. 144. State of siege. II. 120. Social insurance (general). II. 423; Statistical material. I. 25-27. III. 18. 21, 79, 106, 180-152, 165, Statistics. I. 22-31, 116, 121, 125185-186, 188, Í94-203.—See also: 128, 274; II. 20-23, 149, 151, 164Accident, maternity, old-age, sick168, 170-171; III. 20, 23, 25-28. ness, travellers’, and unemploy- “Steun aan doortrekkenden’’’ (Netherment insurance. lands). I. 142. Social Office (Sweden). See: Social- Stowaways. See : Clandestine emistyrelsen. gration. Socialstyrelsen (Sweden). I. 128. Strikes. 1.175 ; II. 202. 214 ; III. 137, Società per gli immigranti italiani 145, 150.—See also : Labour mar(United States). I. 134. ket, unemployment. Société générale d’immigration (Fran- Student employees. III. 136, 151, ce). I. 162; II. 173, 206; III. 137. 182-183.—See also : Students, stuSocieties. See under the names of dent labourers. the various societies.—See also : Student labourers. II. 87, 229.— Agencies, associations, bureaux, See also : Student employees. commissariats, commissions, comI. 14, 20,145 ; II. 12,19-20, mittees, councils, departments, di- Students. 46, 50-51, 60, 65-66, 108, 127, 290, rectorates, institutes, institutions, 396; III. 34-35, 118, 182-183.— ministries, oiBces, organisations orSee also : Student employees, stugans, sections, services, societies, dent labourers. unions. Society for Home Settlement^and the Sugar industry. III. 137. Limitation of Emigration. See : Ny Superintendent (Canadian) of Immigration in London. II. 90. Jord, Selskap for Landets Kolonisacjon og Emigrasjonens innak- Superintendent of Child Welfare (Carenkning (Norway). nada). II. 383, 392. Society for Italian Immigrants. See : Superior Council of Emigration (Spain ). Società per gli immigranti italiani See : Junta central de emigración. (United States). Superior Emigration Council (Italy). Society for OverseaEmigration (Japan). I. 119, 242, 355. See : Kaigai lonin Kiokai. Supervision of emigration. See : InSociety for the Oversea Settlement of spectors, official departments, offiBritish Women. I. 114, 132, 140, cials, ships. 189. Supervisor of Juvenile Immigration Society of St. Vincent de Paul. III. (Canada). II. 345. 22. Supplementary tickets and through Soldier Settlement Board (Canada). tickets. I. 222-223.—See also : II. 364. Cost of transport. Southern Rhodesia Settlers’’ Board, Surveillance of seamen. See : InII. 162. spection of ships. Staff of recruiting agencies, I. 167- Swiss Association for Home Settlement Í72. and Industrial Agriculture. I. 136, Staff of transport undertakings. I. 144. 194-196, 208-215, 246-248, 397398; II. 208, 211-213, 222-223.— Tariffs, charges, fares. I. 215-223, See also : Inspection of records. 263-267, 398; II. 237, 242, 322.— See also : Cost of transport, tickets. State Advances Department (New Zealand). II. 371. Tarjeta de identificación (Meseico). I. 86; II. 115, 290. State Emigration Council (Poland). I. 135. Taxes. I. 46-49 ; II. 65, 342-351, 422 ; III. 81-87, 106, 121-122, 134, 141, Slate immigration hostels (Ecuador). 148, 161.—See also : under the II. 346-347, 367. SUBJECT INDEX names of the various taxes ; passport fees, etc. Technical Advisers for Immigration (United States). II. 171. Technical Committee for Agriculture and Forestry of the German Federal Institute for Employment and Unemployment Insurance. II. 222; III. 147, 150, 171-174. Technical Employment Service of the Swiss Engineers’ and Architects’ Society. I. 134, 144. Technical training. I. 119, 1M-H7, 189-190; II. 18Í-Í84; III. U7-119. —See also : Apprenticeship, education. Temporary workers. III. 136-138, 147, 151, 182-183. Tetschen-Bodenbach. III. 147. Tickets. I. 215-222, 222-223, 224226, 228-232, 233-236, 274, 276277, 330-335; II. 128, 237-243, 245-248; III. 63, 73, 131. Tobacco cultivation. Workers employed in. II. 57, 406. Tourists. I. 20. 22; II. 12, 16, 19, 57, 60, 107, 115, 404-405; III. 34-35, 41. Trades. See : Occupation, profession. Trades, Occupations, Professions, Admission to. II. 411-415. Traffic in women and children. I. 5562, 273; II. 32-U, 88-92, 311; III. 15, 17, 233-237.—See also: Advisory Committee on the Traffic in Women and Children. Training. See : Education, technical training, training farms. Training farms. I. 134, 145-147 ; II. 181-184, 356, 382; III. 182. Transhipment. I. 316 - 317.— See also : Ports, transit. Transit. I. 263, 265, 273, 281, 358368, 395 ; II. 42, 51, 59, 87, 117,128, 291 ; III. 17, 26, 30, 38-39, 46, 4950, 54, 56-63, 68, 133, 150, 153.— See also : Exit, mandates. Transit cards, permits. I. 362-363, 365-366, 368; III. 41, 56-63. Transit dues. III. 57-58. Transit visas. II. 106-107; III. 4045, 62-63, 146. Transmigrants. III. 23-25, 56-63.— See also : Migrants, transit. 347 Transport. I. 280-317, 397-400; II. 292-301, 341-351. 371-373; III. 13, 19, 27, 47-77,146,161,166-167,169, 175, 254.—See also : Cost, deportation, exit, security, ships, shipping companies, rejection, taxes, transport undertakings. Transport agents. I. 108-128, 194215, 245-254, 332, 396, 398; II. 105, 131. 174, 244-248, 269, 273-275, 302-311 ; III. 9, 48-51, 62-63, 165.— See also : Archives, banking operations, contractors, emigrant carriers, penalties, posting-up of legal provisions, procedure, propaganda, rejection, shipping companies, transport (contract of). Transport by airship. See : Airship, travel by. Transport by land. I. 223, 280, 307309, 358-368; II. 237, 301, 309; III. 39, 51-52, 175.—See also : Continental emigration, contract of transport, insurances, transit. Transport by sea. See : Ships. Transport conditions. See : Accommodation, Class of travelling. Transport fees. I. 203-208; II. 244.— See also : Emigration funds. Transport licence. I. 195-208, 259262, 397-398 ; II. 124, 244-248, 294, 298; III. 47-48, 50, 52.—See also : Official departments, security, staff, taxes. Transport supervising committees. I. 121-122, 355. Transport undertakings. See : Shipping companies, staff of transport undertakings, transport agents. Travellers. See : Definition of an emigrant. Travelling accommodation. Class of. See : Accommodation, Class of travelling. Travelling risks. Insurance of emigrants against. I. 206-207, 309-316, 399 ; III. 21, 55. Tribunals. See : Courts. Trustees of the Dreadnought Fund (Great Britain). I. 190. Ufficio del lavoro per gli Italiani. See : Italian Labour Office in the United States. Uffid di Emigrazione (Italy). I. 119. 348 SUBJECT INDEX Ugly Men’s Association (Australia). II. 377. Unemployment. I. 188, 192; II. 68, 74, 78, 80, 90. 128, 158, 214, 349; III. 17-18, 27-28, 128, 135, 139140.—See also : Employment, labour market, unemployment insurance and relief. Unemployment and Employment Exchange Service (Ministry of Industry and Labour) (Belgium). II. 204. Unemployment insurance and relief. I. 135, 142, 185, 188, 191; II. 424; III. 69, 184. Unhealthy and dangerous industries. III. 191. Union of Associations for the Protection of German Emigrants. See : Arbeitsgemeinschaft für Deutsches Wanderungswesen. Unions.—See under the names of the various unions. See also : Agencies, associations, bureaux, commissariats, commissions, committees, councils, departments, directorates, institutes, institutions, ministries, offices, organisations, organs, sections, services, societies. United Committee for Jewish Emigration. See : Vereinigtes Komitee für Jüdische Auswanderung. Universal Postal Union. III. 3, 19, 74. Universities. See : Schools. University diplomas. III. 117, 118, 180-181. Unternehmer. See : Transport agents. Vaccination. I. 63-64, 84. 265, 267, 272; II. 94, 96. 98, 102-103, 110, 266, 284-285; III. 65, 147.—See also : Hygiene, medical examination, sickness. Vagabonds. See : Beggars. Vereinigtes Komitee für .Jüdische Auswanderung. I. 132; in. 22. Vettore di emigranti. See : transport agents, undertakings. Victoria Emigration Society (Barbados). I. 190. Vienna Chamber of Workers and Employees (Austria). See : Kammer für .Arbeiter und Angestellte in Wien. Visas. I. 79-89, 362-368; II. 22, 63, 78-85, 97, Í05-ÍÍ9,134,136,255,268, 395; III. 35, 39-Í5, 68-69, 131, 134, 148, 150, 253.—See also : Documents, examination, passports. Vormundschaftsgericht (Germany). I. 51. Wages. II. 59, 195, 204-205, 215230, 382-388; III. 131, 133, 138, 142, 145-146, 148, 1.57, 159-160, 169, 172, 174-176, 244.—See also : Contract of employment. Wages Books. See : Work Cards. Wanderungsamt (Austria). II. 151, 189; III. 132. War. I. .329 ; III. 58, 74, 89,129,134, 158, 196, 212, 232.—See also : Exchange of populations, expulsion, mandates, military service, refugees. Waterways. III. 44. 48-49, 57-61. White slave traffic. See : Traffic in women and children : Advisory Committee on; International Office for the Suppression of. Wife. See : Husband. Wirtschaftliche und Sozialstatistische Mitteilungen. H. 180. Withdrawal. See : Refusal at the point of departure. Women. I. 49, 55-62, 114, 1.30-133, 189-190, 275, 277-278, 396; II. 3244. Ill, 121, 224, 230, 231, 241-242, 294, 322, 327-328, 345, 382, 386, 400, 416; HI, 13. 22, 53, 55, 68, 96, 100, 108, 146, Í50-151, 169, 171, 174, 187-188, 227, 233-237, 243.— See also : Families, husband, wife ; marriage ; minority, prostitutes, sex, ships, traffic in women and children. Workaways. See : Clandestine emigration. Work books, cards. I. 182, 346; II. 86, 191, 218, 222, 383; HI. 191.— See also : Contract of employment. Workmen’s accident compensation. See : Accident compensation. Wychodza (Poland). I. 136. Y. M. C. A. I. 131, 133; III. 22. Zemedelska Jevnota. III. 182. Zionist Organisations. II. 148; III. 247. Zuid-Afrikaansche Voorschotkas (Netherlands). 1.135. INDEX BY COUNTRIES The roman numerals indicate the volume, arabic numerals the page number Afghanistan Education. III. 118. Labour. III. 154, 163. Albania Deportation. III. 67. Education. III. 118. Establishment. III. 86. Insurance. III. 195. Labour. III. 190. Occupation, profession, trade. II. 78; III. 178. Official departments. II. 148. Passports. I. 82 ; II. 109. Protection. III. 54. Restrictions. II. 78. Transit. III. 61. Alberta, Province of (Canada) Colonisation. II. 364. Education. II. 183. Registration. II. 392. Protection. II. 346, 392. Algeria (France) Colonisation. II. 367. Clandestine migration. I. 96. Documents. II, 113, 397. Employment. II. 193. Information. II. 179. Military service. I. 43. Motáis. I. 41. Occupation, profession, trade. II. 423. Official departments. II. 160. Placing. II. 233. Resources. I. 64. Restrictions. I. 41, 43, 64, 67. Sickness. I. 64. Transport. I. 199. Amazonas, State of (Brazil) Official departments. II. 154. Angola (Portugal) See also : Portugal (Colonics) Colonial emigration. III. 238. Labour. III. 156. Minority. II. 91-92. Repatriation. II. 334. Resources. II. 74. Restrictions. II. 74, 84, 91-92. Annam, Indo-China (France) Race. II. 55. Registration. II. 400. Restrictions. II. 55. Argentina Advantages. II. 342. Assisted immigration. II. 236. Charitable assistance. III. 16, 110. Clandestine migration. II. 131; III. 38. Continental immigration. II. 427. Definition of an immigrant. II. 7-10, 20. Establishment. III. 31. Examination. II. 252, 258, 273. Health measures. III. 65. Hostels. II. 89. Immigration conferences. III. 13. Information. II. .175. Insurance. HI. 206, 207, 210, 216, 218. Legal incapacity. HI. 116. Minority. II. 89, 110. Morals. II. 34. Nationality. HI. 99. Naturalisation. II. 418; HI. 98. Negro slave trade. HI. 231. Occupation, profession, trade. II. 70, 414; HI, 3, 178, 181. Official departments. II. 149. Old age. II. 89, 110. Passports. I. 81 ; II. 110. Placing. II. 230-231. Private associations. II. 173. 350 INDEX BY COUNTRIES Procedure. II. 278. Protection. II. 342. Recruitment. II. 204. Registration. II. 391. Rejeetion. II. 304. Repatriated persons. I. 336. Repatriation. II. 314. Resources. II. 67. Restrictions. II. 24, 34, 67, 79,, 89, 95. Right of sanctuary. III. 90. Seamen. II. 140-141. Settlement. II. 354-355. Sex. II. 89, 110. Sickness. II. 95, 284. Statistics.. I. 26; II. 21. Status of alien workers. III. 80. Transit. I. 361 ; III. 61. Transport. II. 245, 293-294. Arizona, State of (United States) Employment. II. 200. Ascension Island, St. Helena (British Empire) Repatriation. II. 332, 333. Labour. II. 224. Ashanti (Gold Coast) (British Empire) Official departments. II. 162. Australia See also : Nauru, New Guinea (Mandate), New South Wales, Northern Territory, Papua, Queensland, South Australia, Tasmania, Victoria, Western Australia Assisted immigration. II. 236-237. Clandestine migration. I. 95 ; II. 131. Continental immigration. II. 427. Definition of an emigrant. I. 11, 12-13. Definition of an immigrant. II. 8,11. Education. II. 182-183. Educational conditions. II. 62. Employment. II. 217. Examination. II. 252, 259. Information. II. 176. Insurance. II. 424. Labour. II. 79, 217. Minority. I. 50. Morals. II. 35. , Numerical restriction. II. 28, 29, 30. Occupation, profession, trade. II. 79. Official departments. II. 150. Passports. I. 82; II. 110. Permission to immigrate. II. 123. Placing. II. 231. Ports. II. 286-287. Property rights. II. 424. Protection. II. 342-343. Race. II. 46, 49; III. 35, 37. Registration. II. 391. Rejeetion. II. 304. Repatriation. II. 314-315. Resources. II. 67. Restrictions. I. 36, 50 ; II. 28, 29, 30, 35, 46, 49, 62, 67, 78, 79, 95-96,123. Seamen. II. 1.37, 140, 141, 142. Settlement. II. 355-357, 382. Sickness. II. 95-96. Statistics. I. 26; II. 21. Transport. I. 249; II. 294. Austria Archives. I. 253. Assisted emigration. I. 131, 188, 273, 331. Charitable assistance. III. 16, 110, 113. Cost of transport. I. 219, 221, 223. Courts. III. 101, 104. Definition of-an emigrant. I. 10, 11, 13. Definition of an immigrant. II. 9,10, 11. Deportation. III. 67, 68. Education. III. 117, 182. Embarkation. I. 359. Employment. II. 189. Establishment. III. 30, 86. Examination. I. 219, 268-269; III. 46. Exchange. I. 248. Frontier traffic. III. 257, 258. Hospital treatment. I. 273. Hostels. I. 263. Inspectors. I. 297. Insurance. II. 424; HI. 194, 195, 196,206,207, 219, 223,224, 227,228. Interpreters. I. 297. Labour. III. 130-133, 135, 151, 154, 171, 176, 189, 192. Labour market. III. 12. Legal incapacity. HI. 116. Lists. I. 274. Medical assistance. I. 273, 315. Military service. I. 43. Minority. I. 50. Nationality. III. 98, 99. Negro slave trade. III. 230. Occupation, profession, trade. II, 412; III. 177, 178, 179. Official departments. I. 110; II. 151. Passports. I. 81, 83; 361; III. 41, 42, 43. INDEX BY COUNTRIES Placing. I. 139, 184. Privâte associations. I. 131. Proceedings. I. 255. Propaganda. I. 184, 195, 245. Recruitment. I. 149,155. Registration. II. 391. Reimbursement. I. 221. Rejection. III. 67. Repatriation. I. 322, 331; III. 70, 73. Restrictions. I. 43, 50, 76; II. 123124; III. 30, 43. Savings. III. 76. Sex. See : accommodation, ships. Ships. I. 286, 297. Statistics. I. 28. Status of alien workers. III. 83, 84. 94. Taxes. III. 121. Transit. I. 359, 361; III. 59, 60, 61, 62. Transport. I. 195, 197, 204, 209, 210, 224, 228, 233, 237, 239, 240, 249, 250, 286, 297; III. 48, 49, 52. Transport by land. I. 188, 228, 307, 322. Bahama Islands (British Empire) Clandestine migration. II. 133. Definition of an immigrant. II. 10, 14-15. Examination. II. 263, 264. Recruitment. I. 176. Repatriation. II. 321, 322. Restrictions. I. 76; II. 39, 70, 71, 100. Sickness. II. 100. Bahia, State of (Brazil) Assisted immigration. II. 239. Definition of an immigrant. II. 9, 10, 12. Information. II. 176. Labour. II. 219. Official departments. II. 153-154. Repatriation. II. 316, 336. Settlement. II. 359-360. Barbados (British Empire) Assisted emigration. I. 190. Clandestine migration. II. 133. Examination. II. 263, 264. Recruitment. I. 153, 157, 165, 176, 177. Rejection. II. 306. Repatriation. II. 321, 322. Restrictions. I. 52; II. 101. 351 Seamen. I. 101 ; II. 142. Sickness. II. 100. Transit. I. 364. Bechuanaland (British Empire) Pas.sports. I. 84. Recruitment. I. 1.57, 158, 165, 176. Belgian Congo Clandestine migration. II. 132. Colonial emigration. III. 239. Continental emigration. I. 353. Invaliditj'^. I. 62. Labour. II. 218; III. 155. Maintenance obligations. I. 46-47, 67. Minority. I. 50-51, 332. Morals. II. 35. Negro slave trade. III. 231. Occupation, profession, trade. II. 79. Protection. II. 382. Recruitment. I. 76; II. 204. Repatriation. I. 67,332 ; II. 3l5,330. Resources. II. 67. Restrictions. I. 40, 46-47, 50-51, 62, 64, 67, 76; II. 35, 62, 67, 79, 96, 124. Seamen. I. 101. Sickness. I. 62; II. 96. Transit. I. 362. Transport. I. 260. Belgium Accommodation. I. 263-264. Archives. I. 253. Assisted emigration. I. 310. Charitable assistance. III. 107, 108, 109,110,114,115. Clandestine migration. I. 95. Colonial emigration. Ill, 242. Consuls. I. 341. Continental emigration. I. 353. Courts. III. 101, 104, 106. Definition of an emigrant. I. 11, 13. Desertion of family. I. 46. Deportation. III. 67. Direct voyage. I. 816. Education. III. 118. Embarkation. I. 260. Emigration conferences. III. 12. Entry. III. 30. Examination on departure. I. 269. Families. I. 46, 233; III. 115. Frontier traffic. III. 258, 259. Information. I. 137. Insurance. II. 424; III. 195, 202 206-207,208-209, 214, 217, 219-220, 221, 223. 352 INDEX BY COUNTRIES Interpreters. I. 297. Labour. III. 2, 126, 133-135, 136, 141, 151, 153, 155, 189. Legal incapacity. III. 116. Lists. I. 274. Maintenance obligations. I. 46. Medical assistance. I. 269. Military service. I. 42. Minority. I. 308. Naturalisation. II. 417. Negro slave trade. III. 231. Occupation, profession, trade. II. 79, 414; III. 177, 178, 179, 182. Official departments. I. 25, 110-111; II. 151. Passports. I. 80, 81, 331. 353; II. 105; III. 41, 42, 43-44. Placing. I. 184; II. 231. Procedure. I, 258; II. 278. Protection. III. 54. Recruitment. I. 155; II. 204; III. 126. Refugees. III. 255. Registration. II. 391-392. Reimbursement. I. 233, 236, 320, 322. Repatriation. I. 331 ; III. 114, 115. Restrictions. I. 34, 42, 64; II. 79, 124. Right of association. III. 193. Savings. III. 75, 76. Seamen. 1.103, 106. I 233 Ships. I. 286-287, 297; III. 49, 50. Sickness. I. 64, 283. Statistics. I. 25, 28, 30; II. 22. Status of alien workers. III. 82, 83. Taxes. III. 121, 122. Transit. I. 362; III. 49, 59, 60, 61, 62, 63. Transport. 1.195,198, 204, 210, 224, 227, 228, 233, 236, 240, 258, 286287, 297, 316; III. 49. Transport by land. I. 307-308. Bermuda (British Empire) Clandestine migration. II. 133. Definition of an immigrant. II. 10, 15. Examination. II. 363, 364. Morals. II. 38, 39. Official departments. II. 162. Repatriation. II. 321, 322, 334, 337. Restrictions. II. 38, 39, 69, 70, 99, 100. Sickness. II. 99, 100. Statistics. II. 21. ‘Bolivia Charitable assistance. III. 109-110. Clandestine migration. III. 38. Definition of an immigrant. II. 8, 9, 10, 11. Employment. II. 189. Entry. III. 30. Examination. II. 253, 259. Information. II. 176. Labour. II. 218; III. 190. Morals. II. 35, 253. Nationality. III. 98. Negro slave trade. III. 230. Occupation, profession, trade. II. 79-80, 253; III. 3, 181. Official departments. II. 151-152. Passports. II. 110-111. Placing. II. 231. Ports. II. 287. Protection. II. 343-344. Recruitment. II. 205. Registration. II. 392. Repatriation. II. 316. Restrictions. II. 25, 35, 79-80, 96. Right of sanctuary. III. 91. Settlement. II. 357-358. Sickness. II. 96. Status of alien workers. III. 80. Transit. III. 59. Transport. II. 245. Borneo, North (British Empire) Examination. II. 263, 264, 265. Labour. II. 222, 223. Passports. II. 114. Repatriation. II. 322, 333. Restrictions. I. 38; II. 100-101, 125, 126. Sickness. II. 100-101. Brazil See also : Amazonas, Bahia, Minas Oeraes, Pará, Paraná, Pernambuco, Rio de Janeiro, Rio Grande do Sul, Santa Colerina, Sao Pa'ulo Aged persons. II. 89-90. Assisted immigration. II. 237-239. Clandestine migration. II. 132; III. 38. Definition of an immigrant. II. 9, 11-12, 21. Docmnents. II. 111. Education. II. 183; III. 118. Establishment. III. 31. Examination. II. 253, 259-260. Health measures. III. 65. Immigration conferences. III. 13. Information. II. 176. INDEX BY COUNTRIES Labour. II. 218-219; III. 189. Minority. II. 90. Morals. II. 35-36. Nationality. III. 98, 99, 100. Negro slave trade. III. 230. Numerical restriction. II. 30. Official departments. II. 152-154. Permission to immigrate. II. 124. Placing. II. 232. Ports. II. 287. Private associations. II. 173. Property rights. II. 425. Recruitment. II. 205; III. 162-166. Rejection. II. 304. Repatriation. II. 316, 336. Restrictions. II. 30, 35-36, 68, 8990, 96, 124. Seamen. I. 105-106. Settlement. II. 358-363, 375, 377; III. 9. Sex. II. 90. Sickness. II. 96. Statistics. I. 24, 26; II. 20, 21. Status of alien workers. III. 82, 90. Transit. III. 59, 61. Transport. II. 245, 294-295; III. 9. British Columbia (Canada) Settlement. II. 364. British Empire See : Great Britain and Colonies, Australia, Canada, India, Irish Free State, Newfoundland, New Zealand, South Africa {Union of). See also : British Mandated Territories and British Empire Mandated Territory; and Territories \mder Anstralian. New Zealand, and South African Mandate British Guiana (British Empire) Definition of an immigrant. II. 15. Examination. II. 263, 264, 265. Labour. II. 224, 386-387. Official departments. II. 162, 163. Protection. II. 386-387. Recruitment. I. 157; II. 309-310. Registration. II. 402. Repatriation. II. 332-333, 338-339. Restrictions. II. 38, 69, 70, 126. Transport. II. 297. British Honduras (British Empire) Clandestine migration. II. 133. Examination. II. 263-264. Labour. II. 223. Recruitment. I. 153, 157, 165, 176, 177; II. 210. Repatriation. II. 321-322. Restrictions. II. 38-39, 69-70, 99, 100, 126. 353 Brunei (British Empire) Assisted immigration. II. 241. Definition of an immigrant. II. 9,15. Official departments. II. 162, 163. Protection. II. 378, 385-386. Registration. II. 401, 402. Rejection. II. 306. Repatriation. II. 333, 339. Restrictions. II. 125-126. Bulgaria Charitable assistance. III. 110. Courts. III. 104, 105. Deportation. III. 67. Employment. II. 190. Establishment. III. 86. Exchange of populations. III. 255256. Insurance. II. 424. Labour market. III. 12. Limitation of emigration. I. 47. Nationality. III. 98, 99, 100. Occupation, profession, trade. II. 412-414; II. 178, 179. Official departments. I. Ill ; II. 154. Passports. I. 82. Placing. II. 232. Refugees. III. 17, 249-250. Registration. II. 392. Seamen. II. 138. Transit. III. 59, 63. Cambodia, Indo-China (France) Aged persons. II. 90-91. Official departments. II. 160. Race. II. 55. Registration. II. 400. Repatriation. II. 320, 338. Cameroons (French Mandate) Clandestine migration. I. 95. Passports. II. 109. Recruitment. I. 152. Registration. II. 390. Repatriation. II. 335-336. Resources. I. 66. Restrictions. I. 36, 66. Canada See also : Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Saskatchewan, Yukon Assisted immigration. II. 45, 239240. Clandestine migration. I. 95 ; II. 132. Continental emigration. I. 352. Definition of an emigrant. I. 11, 13. 23 354 INDEX BY COUNTRIES Definition of an immigrant. II. 8, 10, 12. Diplomatic and consular agents. II. 12, 50. Direct transport. II. 45. Education. II. 181, 183. Educational conditions. II. 62-63. Examination. II. 253, 260-261, 273274; III. 46. Immigration conferences. III. 13. Information. II. 177. Labour. II. 219. Morals. II. 36. Numerical restriction. II. 29. Occupation, profession, trade. II. 80, 413. Official departments. II. 154-155. Passports. I. 79; II. 111. Permission to immigrate. II. 124. Ports. II. 287. Private associations. II. 173. Procedure. II. 279. Property rights. II. 425. Protection. II. 345-346, 377, 383, 392. Race. II. 392; II. 47, 50-51, 111, 124, 392; III. 36. Recruitment. II. 206. Registration. II. 390. Rejection. II. 304-305. Repatriated persons. I. 335, 337. Repatriation. II. 316-317. Resources. II. 68. Restrictions. II. 29, 36, 45, 47, 5051, 62-63, 68, 80, 90, 97, 105,124. Seamen. I. 100-103. Settlement. II. 364. Sex. II. 90, 111. Sickness. II. 97, 284. Statistics. II. 21. Transit. I. 362. Transport. II. 246, 295-296. Cape Verde (Portugal) See also : Portugal (Colonies) Colonial emigration. III. 238. Labour. III. 156. Ceylon (British Empire) Clandestine migration. II. 133. Colonial emigration. III. 238. Examination. I. 270. Labour. II. 224. Lists. I. 275, 276. Minority. I. 52. Morals. II. 38, 39. Official departments. II. 162, 163. Recruitment. I. 157, 158, 176, 177; II. 209; III. 162. Rejection. II. 307. Repatriation. I. 326; II. 322, 333, 339. Restrictions. I. 37, 52; II. 38-39, 70-71. Statistics. II. 21. Chile Clandestine migration. III. 38. Documents. II. 111. Employment. II. 190. Establishment. III. 31. Immigration conferences. III. 13. Legal incapacity. III. 116. Morals. II. 36. Negro slave trade. III. 238. Occupation, profession, trade. II, 80; III. 181. Official departments. II. 155. Placing. II. 232. Registration. II. 392-393. Repatriation. II. 317. Restrictions. II. 36, 50, 97. Settlement. II. 371. Sickness. II. 97. Status of alien workers. III. 82. China Charitable assistance. III. 112. Clandestine migration. I. 95. Colonial emigration. III. 239. Continental emigration. I. 353. Courts. III. 101. Definition. I. 10, 12, 13. Departure. I. 278. Diplomatic and consular agents. I 341. Education. III. 118. Families. I. 47, 111, 174-175 ; III. 76. Invalidity. I. 62. Labour. I. 67, 174-175; III. 166-168, 189, 190. Maintenance obligations. I. 47, 111. Medical assistance. I. 175. Minority. I. 51. Official departments. I. 111. Old age. I. 62. Passports. I. 82, 83. Propaganda. I. 170. Race. III. 33, 34, 35. Recruitment. I. 95, 155-156, 164,. 170. Repatriation. I. 175, 325 ; III. 71. Resources. I. 67. Restrictions. I. 51, 62, 64, 66. Savings. III. 76. Sickness. I. 64, 325. Transport. 1.196,243. INDEX BY COUNTRIES Cochin>China, Indo-China (France) Definition of an immigrant. II. 14. Examination. II. 262. Official departments. II. 160. Race. II. 54. Registration. II. 399. Repatriation. II. 320, 338. Restrictions. II. 54. Transit. 1.363. Colombia Assisted immigration. II. 240. Courts. III. 105. Definition of an immigrant. II. 1213. Examination. II. 261. Information. II. 177-178. Labour. I. 175, 325. Medical assistance. I. 175. Morals. II. 36-37. Negro slave trade. III. 230. Occupation, profession, trade. II. 81 ; III. 181. Official departments. II. 155-156. Passports. II. 112. Placing. II. 232. Protection. II. 346. Race. II. 51-52. Recruitment. I. 175, 325. Registration. II. 393. Rejection.. II. 305. Repatriation. I. 175, 325; II. 317. Resources. II. 68. Restrictions. II. 25, 36-37, 51-52, 68, 80, 97; III. 30. Settlement. II. 365. Sickness. II. 97, 284. Statistics. I. 24. Comores (Prance) Recruitment. I. 156-157, 165, 168. Transport. I. 156-157, 165. Costa Rica Charitable assistance. III. 110. Consular agents. I. 341. Courts. III. 105. Education. III. 118. Examination. II. 261. Maintenance obligations. I. 47. Minority. I. 51. Morals. II. 37. Nationality. III. 98, 99, 100. Naturalisation. II. 418. Occupation, trade or profession. II. 80; III. 178, 181. Passports. I. 362; II. 112. 355 Ports. II. 287. Proceedings. 1.73. Race. II. 52, 112. Recruitment. I. 51, 156, 164, 175, 325, 341; III. 161. Registration. II. 393. Rejection. II. 305. Repatriation. I. 156, 164, 175, 325; II. 318. Resources. II. 68. Restrictions. I. 47, 51 ; II. 37, 52, 68, 80, 98. Ships. II. 284-285. Sickness. II. 98. Transit. I. 362. Cuba Aged persons. II. 90. Assisted immigration. II. 45, 240. Clandestine migration. I. 362. Courts. III. 105. Definition of an immigrant. II. 8, 10, 13. Diplomatic and consular agents. II, 53. Employment. II. 190. Examination. II. 262. Immigration conferences. IÍI. 13. Information. II. 178. Labour. II. 78; III. 190. Morals. II. 37. Occupation, profession, trade. II. 414. Official departments. II. 156. Passports. I. 78; II. 105, 112. Permission to immigrate. II. 124. Ports. II. 287. Proceedings. II. 279. Protection. II. 346, 377. Race. II. 53. Recruitment. I. 152; II. 206. Registration. II. 393. Rejection. II. 305. Repatriation. II. 318. Resources. II. 68. Restrictions. II. 37, 45, 53, 68, 78, 90, 98, 124. Seamen. II. 137, 143. Settlement. II. 365. Sex. I. 364; II. 37, 90. Sickness. II. 98. Statistics. I. 26; II. 21. Transit. I. 362. Transport. II. 246. Curaçao (Netherlands) Recruitment. I. 179. Ships. I. 291. 356 INDEX BY COUNTRIES Czecboslovakia Accommodation. I. 264. Advances of money. I. 248. Archives. I. 253. Assisted emigration. I. 74, 188. Charitable assistance. III. 110, 111, 112. Continental migration. I. 353. Contract of employment. I. 175. Contract of transport. I. 196, 198, 204, 224, 227, 228, 229, 240, 258. Cost of transport. I. 216, 218, 219, 221 223 Courts. III. 104, 193. Decease. I. 316. Definition of an emigrant. I. 10, 12, 13-14. Definition of an immigrant. II. 13. Deportation. III. 69. Diplomatic and consular agents. I. 341; III. 124. Education. III. 118, 182. Emigration officers. I. 344. Employment. II. 191. Establishment. III. 31, 87. Examination. I. 269. Frontier traffic. III. 258-259. Health measures. III. 65. Information. I. 139. Insurance. I. 310, 314; III. 193, 195, 196, 200, 207, 210, 214, 218, 219, f>91 99*» 99'7 Labour. Íl. 81 ; III. 2, 130, 135, 136, 147, 170, 174-176, 188, 189, 192. Labour market. III. 12. Legal incapacity. III. 117. Lists. I. 274. Medical assistance. I. 315. Military service. I. 47. Minority. I. 51. Morals. I. 41. Occupation, profession, trade. II. 412, 413; III. 174-176. Official departments. I. Ill, 112, 348. Old age. I. 62. Option. III. 254. Passports. I. 81, 83; II. 22, 112; III. 41, 42. Placing. I. 188. Private associations. I. 131. Proceedings. I. 255, 258. Propaganda. I. 245. Property rights. II. 424. Protection. III. 9. Recruitment. I. 150, 151, 152, 156, 170, 175, 182, 184; III. 126. Registration. II. 393. Reimbursement. I. 234, 237, 240. Rejection. III. 67. Repatriation. I. 322, 325, 332. Restrictions. I. 33, 41, 47, 51, 57, 62, 64, 67, 72, 74, 76, 92; II, 81, 125; III. 43. Right of association. III. 193. Savings. III. 75. Sex. I. 51, 57. Ships. I. 287, 298; III. 48. Sickness. I. 62, 64. Statistics. I. 24, 25, 26, 30 ; II. 22. Status of alien workers. III. 94. Taxes III 122 Transit. 1.362 ; HI. 50,58,59,61,62. Transport. I. 210, 215, 250, 298; III. 49, 51, 58. Dahomey (French West Africa) Clandestine migration. I. 95. Commissioners. I. 113. Recruitment. I. 157, 165, 168. Repatriation. I. 326; II. 338. Resources. I. 67. Restrictions. I. 36, 37. Transport. 1.157,165,196,199, 25Ó. Danzig, Port of See .* Poland Danzig, Free City of Courts. III. 105. Employment. II. 191. Insurance. III. 203. Occupation, profession, trade. III. 178. Official departments. 1.112; II. 156. Transit. III. 50, 59. Transport. I. 253. Denmark Accommodation. I. 240. Assisted emigration. I. 332. Charitable assistance. III. 16, 109, 113. Clandestine migration. I. 95 ; II. 133. Contract of transport. I. 221, 224, 225, 227, 229, 233, 234, 240. Cost of transport. I. 221. Courts. III. 102, 104. Definition of an emigrant. I. 11, 14. Deportation. III. 68. Diplomatic and consular agents. I. 341. Direct transport. I. 316. Education. III. 180. Embarkation. I. 269. Emigration conferences. III. 12. Employment. II. 191. Establishment. III. 31, 86. Families. I. 320. INDEX BY COUNTRIES Frontier traffic. III. 258, 260. Information. I. 140. Insurance. III. 196-199, 210-212,216, 217, 218, 221, 223, 225, 227, 228. Interpreters. I. 298. Invalidity. I. 62. Labour. II. 219. Legal incapacity. III. 116. Lists. I. 274. Maintenance obligations. I. 240. Medical examination. I. 269. Nationality. III. 98, 100. Negro slave trade. III. 230. Occupation, profession, trade. II. 81, 412, 413; III. 178, 180. Official departments. I. 112; II. 157. Passports. I. 81, 363; II. 112, 133; III. 43. Placing. I. 112. Private associations. I. 132. Protection. I. 112, 298; II. 393. Recruitment. I. 206. Registration. II. 393. Rejection. II. 305. Repatriation. I. 333. Restrictions. I. 34, 62, 64; II. 81, 105. Seamen. I. 95, 103-106; II. 139, 142. Ships. I. 287, 298. Sickness. I. 64. Status of alien workers. III. 81. Transit. I. 363; III. 60, 63. Transport. I. 196, 198, 205, 211, 258; III. 49. Dominican Republic Charitable assistance. III. 110. Courts. III. 105. Labour. III. 190. Occupation, profession, trade. III. 178. Recruitment. I. 150, 153, 250. Restrictions. II. 25; III. 30. Settlement. II. 366. Transport. I. 250. East Indies (Netherlands) See also : Java, Madura, Sumatra Accommodation. I. 273. Assisted emigration. I. 192. Clandestine migration. II. 134. Colonial emigration. III. 238. Definition of an immigrant. II. 16-17. Documents. II. 115. Examination. II. 266. Labour. II. 115-116, 226-228. Morals. II. 40. Occupation, profession, trade. II. 413. 357 Official departments. II. 165. Ports. II. 289. Protection. II. 348, 387. Race. II. 57. Recruitment. I. 68, 160, 179; II. 211; III. 162, 169. Registration. II. 405. Rejection. II. 308. Repatriation. I. 327; II. 324, 334; III. 71. Resources. II. 72. Restrictions. II. 40, 57, 72, 84, 102, 127. Sickness. II. 102. Taxes. II. 289. Transit. 1.365. Transport. II. 248. Ecuador Deportation. III. 68. Entry. III. 30. Establishment. III. 31, 86. Information. II. 178. Labour. II. 220. Morals. II. 37. Nationality. HI. 98, 99. Negro slave trade. III. 230, Occupation, profession, trade. III. 178, 181. Official departments. II. 157. Procedure. II. 280. Protection. II. 346. Race. II. 54. Registration. II. 394. Rejection. II. 305. Repatriation. II. 319. Restrictions. II. 25, 37, 54, 98, 125 Settlement. II. 366. Sickness. II. 98. Egypt Colonial emigration. III. 240 Nationality. III. 98. Negro slave trade. III. 231. Savings. III. 75. Status of alien workers. III. 231. Establishments in Oceania (France) Assisted immigration. I. 96; II. 240. Clandestine migration. II. 133. Definition of an immigrant. II. 9,13 Emigration officers. I. 113. Examination. II. 262. Labour. II. 221, 378. Official departments. II. 160. Protection. II. 385. Recruitment. I. 156; II. 208. 358 INDEX BY COUNTRIES Registration. II. 898-399. Repatriation. II. 320, 331. Restrietions. I. 37; II. 55, 90. Transport. I. 156, 199; II. 296, Estonia Charitable assistance. III. 111. Courts. III. 103, 104, 105. Definition of an emigrant. I. 11, 14. Deportation. III. 69. Education. III. 118. Employment. II. 192. Frontier traffic. III. 257. Health measures. III. 65. Insurance. III. 212-213. Legal incapacity. III. 116. Occupation, profession, trade. II. 413, 415; III. 177,178. Passports. I. 81, 82. Registration. II. 394. Repatriation. II. 319. Restrictions. III. 43. Statistics. I. 26. Transit. III. 50, 58, 63. Federated Malay States (British Empire) See also : Negri Semhilariy Pahang, Perak, Selangor Assisted immigration. II. 241. Colonial emigration. III. 238. Continental immigration. III. 427. Definition of an immigrant. II. 9,15. Examination. II. 263, 264, 265. Labour. II. 222-226. Morals. II. 39. Official departments. II. 162, 163. Ports. II. 288. Protection. II. 386, 401. Recruitment. II. 210; III. 162. Registration. II. 401, 402. Rejection. II. 306. Repatriation. II. 321, 333, 339, Restrictions. I. 37 ; II. 38, 39. 69, 70, 100, 101, 125. Sickness. II. 100, 101. Statistics. II. 21. Transport. II. 297. Fernando P6 (Spain) Colonial emigration. III. 239. Information. II. 179. Labour. III. 160. Savings. III. 76. Transport. III. 52. Fiji (British Empire) Clandestine migration. I. 96 ; II. 133. Definition of an emigrant. I. 15. Definition of an immigrant. II. 9,15. Examination. I. 270; II. 263, 264. Labour. II. 224, 225. Morals. II. 39. Official departments. II. 163. Passports. I. 84. Protection. II. 386. Recruitment. I. 176. Repatriation. I. 326; II. 321, 322, 332 333. Restrictions. I. 38; II. 88, 39, 70, 99, 100. Seamen. 1.98. Finland Courts. III. 103. Definition of an emigrant. I. 10, II, 14. Deportation. III. 69. Documents. II. 113. Employment. II. 192. Establishment. III. 30. Insurance. III. 195, 210, 212, 215, 218. Labour. II. 81, 113. Legal incapacity. III. 114, 116. Military service. I. 43. Minority. I. 43. Occupation, profession, trade. II. 412, 413, 414, 415; III. 177, 179. Official departments. I. 113. Option. III. 255. Passports. I. 41, 43; III. 43. Registration. II. 394. Repatriation. II. 319. Restrictions. I. 34, 41, 43; II. 81; III. 43. Seamen. I. 103, 104, 105, 106, 107; II. 139. Statistics. I. 30. Transit. III. 58, 59, 60. Transport. III. 52. Formosa (Japan) Occupation, profession, trade. II. 56. Ports. II. 288. Recruitment. II. 211. Registration. II. 405. Rejection. II. 307. Repatriation. II. 324. Restrictions. II. 40, 56, 101. Sickness. II. 101. Transport. II. 247. INDEX BY COUNTRIES France See also : Algeria, Cameroons, Comores, Equatorial Africa, Establishments in Oceania, Ouadeloupe,Cfuiana, Indo-China, Madagascar, Martinique, Mayotte, Morocco, New Caledonia, Réunion, Somali Coast, Syria and Lebanon (Mandate), Tunis, Togo (Mandate), West Africa Capital. I. 75. Charitable assistance. III. 16, 107, 108, 112, 113. Clandestine migration. I. 95. Colonial emigration. III. 239, 240, 242, 243. Continental immigration. II. 21, 427. Courts. III. 104, 105. Definition of an emigrant. I. 11, 14. Definition of an immigrant. 11.9,13. Desertion of family. I. 47. Direct transport. I. 317. Education. III. 117, 118, 119, 182. Emigration conferences. III. 12. Employment. II. 188, 193. Establishment. III. 31, 86. Examination. II. 251, 253, 262, 274; 285; III. 46. Frontier traffic. III. 257, 258, 259. Information. I. 113, 140; II. 178. Insurance. III. 195, 196-199, 208, 213-214, 216, 217, 219, 220, 221, 223, 224, 225, 228. Labour. II. 81, 125, 221 ; III. 2, 126, 129, 132, 133, 135, 136-146, 147, 151, 154, 155, 168, 170, 171, 174177, 178, 180, 182, 186-192. Legal incapacity. III. 114, 116, 117. Maintenance obligations. I. 47. Military service. III. 123. Nationality. III. 98, 100. Naturalisation. II. 418, 420. Negro slave trade. III. 230. Occupation, profession, trade. II. 81, 413, 415. Official departments. I. 113; II. 145, 157. Option. III. 254. Passports. I. 81 ; II. 112; III. 41, 43. Permission to immigrate. II. 125. Placing. II. 232. Private associations. II. 173. Property rights. III. 120. Protection. II. 347, 384. Recruitment. I. 156, 164, 168; II. 206; III. 126, 129, 168, 170. Refugees. III. 252. Registration. II. 394. Rejection. II. 305; III. 67. Repatriation. II. 319, 331; III. 71. Restrictions. I. 34, 43, 47, 64, 75. Right of association. III. 193. Savings. III. 75, 77. / 359 Seamen. I. 100-102; II. 137-139. Ships. I. 288; III. 49. Sickness. I. 64, 101; II. 285. Statistics. I. 24, 26, 28; II. 21. Status of alien workers. III. 81, 83, 84, 90. Taxes. III. 121, 122. Transit. III. 50, 58, 61, 62, 63. Transport. I. 164, 196, 199, 205, 211, 225, 234, 236, 241 ; III. 50, 52. France (Colonies) See also names of the various colonies Assisted immigration. II. 240. Clandestine migration. I. 96. Emigration commissioners. I. 113. Examination. II. 262. Labour. II. 221, 385. Occupation, profession, trade. II. 423. Official departments. I. 113; II. 159. Recruitment. I. 165; II. 207. Registration. II. 397. Repatriation. II. 319, 331, 336. Settlement. II. 867. Transport. I. 199; II. 246, 296. French Congo (French Equatorial Africa) Clandestine migration. I. 96. Commissioners. I. 113. Recruitment. I. 156, 165, 168. Repatriation. I. 325; II. 338. Resources. I. 67. Restrictions. I. 36, 67. Transport. I. 156, 165,196, 199, 250. French Equatorial Africa See also : French Congo Information. II. 179. Registration. II. 398. French Guiana (France) Definition of an immigrant. II. 13. Examination. II. 262. Labour. II. 221, 378. Official departments. II. 159. Protection. II. 385. Recruitment. II. 207, 208. Registration. II. 398, 399. Repatriation. II. 320, 331. Restrictions. II. 55, 90. French West Africa See also : Dahomey, Guinea, Ivory Coast, Senegal Clandestine migration. II. 133. Examination. II. 262. Information. II. 179. 360 INDEX BY COUNTRIES Occupation, profession, trade. II. 412, 413. Passports. II.''113. Registration. II. 397. Rejection. II. 305. Repatriation. II. 320, 336. Resources. II. 69. Restrictions. II. 37, 69. Seamen. I. 101 ; II. 140. Sickness. II. 98, 285. Transit. I. 363. Transport. I. 199. Gambia (British Empire) Clandestine migration. II. 133. Examination. I. 270; II. 264. Invalidity. I. 62. Lists. I. 275, 276. Maintenanee obligations. I. 47. Minority. I. 52. Morals. II. 38. Recruitment. I. 153, 157, 165, 176, 177. Repatriation. II. 321, 322. Restrictions. I. 37, 47, 52, 62; II. 38, 70, 99. Transport. 1.250. Germany Accommodation. I. 241. Agricultural workers. III. 2. Assisted emigration. I. 74, 188, 341. Capital, Export of. I. 75. Charitable assistance. III. 16, 109, 110, 111, 112. Colonial emigration. III. 239. Continental emigration. I. 354. Continental immigration. II. 427. Contract of transport. I. 196, 199, 205, 224, 227, 229, 241. Cost of transport. I. 221, 223. Consuls. I. 341. Courts. III. 104, 105. Definition of an emigrant. I. 11, 15. Definition of an immigrant. II. 10, 14. Deportation. III. 67, 68, 69. Direct transport. I. 317. Education. I. 132, 145; III. 117, 118, 183. Embarkation. I. 260. Employment. II. 193. Establishment. III. 31, 86. Examination. I. 269; III. 46. Frontier traffic. III. 258, 260. Health measures. III. 65. Information. I. 140. Insurance. III. 194, 195, 196, 199200, 201, 206,' 208, 212, 214-216, 217, 218, 221, 223, 224-225, 227, 228. Labour. II. 193, 208; III. 147-151, 153, 154, 170, 171-174, 189. Legal incapacity. III. 114, 115. Lists. I. 275. Medical assistance. I. 269, 299, 341. Military service. I. 43; III. 123. Minority. I. 51. Morals. 1.41. Nationality. III. 98, 99. Negro slave trade. 111.230,231. Numerical restriction. II. 29, 31. Occupation, profession, trade. I. 69, 76, 221 ; III. 177, 178, 179, 182. Official departments. I. 113; II. 160. Option. III. 254, 255. Passports. I. 51, 57, 82 ; II. 113,193 ; III. 43, 44. Placing. I. 132, 185. Private associations. I. 132. Propaganda. I. 157, 171. Property rights. II. 424; III. 120. Recruitment. I. 157, 171, 185; II. 208, 209. Registration. II. 400. Reimbursement. I. 237, 241. Rejection. III. 66, 67. Repatriation. I. 332, 336, 341 ; III. 67, 68, 69. Restrictions. I. 34, 41, 43, 51, 57, 69, 74, 75, 76 ; II. 29, 31 ; III. 29, 30 31, 43. Right of association. III. 193. Savings. III. 76. Seamen. I. 103-107; II. 137, 138. T Ä7 Ships, 'i. 288, 299. Statistics. I. 24, 25; II. 23. Status of alien workers. II. 82, 94. Taxes. III. 122. Transit. III. 50, 58, 59, 61. Transport. I. 211, 288, 299, 317; III. 48, 49, 52, 53. Gilbert and Ellice Islands (British Empire) Examination. II. 263, 264. Maintenance obligations. I. 47. Minority. I. 57. Recruitment. I. 157, 176. Rejection. II. 306. Repatriation. II. 321. Restrictions. I. 47, 52, 58 ; II. 70, 71. Gold Coast (British Empire) Embarkation. I. 260. Examination. I. 270; II. 264. Lists. I. 275, 276. INDEX BY COUNTRIES Minority. I. 52. Morals. II. 38. Occupation, profession, trade. II. 82. Official departments. II. 162. Reciuitment. I. 152, 157, 158, 165, 176, 177. Rejection. II. 306. Repatriation. II. 321, 322. Restrictions. I. 37, 52 ; II. 38, 70, 82, 99. Transit. I. 364. Great Britain and Northern Ireland See also : Ashanti, Bahama Islands, Barhados, Bechuanaland, Bermuda, Borneo (North), Ceylon, Federated Malay States, Fiji, Gambia, Gilbert and Ellice Islands, Gold Coast, Guiana (British), Honduras (British), Hongkong, Iraq (Mandate), Jamaica, Kenya, Leeward Islands, Malta, Mauritius, Nigeria, Nyasaland, Palestine (Mandate), St. Helena, Seychelles, Sierra Leone, Solomon Islands, Somaliland, Straits Settlements, Trinidad and Tobago, Uganda, Windward Islands (Grenada, St. Lucia, St. Vincent) Airship, Travel by. II. 276. Assisted emigration. I. 66, 115, 132134, 189-190, 308. Assisted immigration. II. 235. Charitable assistance. III. 16, 112. Clandestine migration. I. 96. Colonial emigration. III. 238, 241, 242, 243. Continental immigration. II. 21. Contract of transport. I. 196, 205, 224, 225, 229, 234, 236, 241, 246, 255, 258. Cost of transport. I. 236. Courts. III. 102. Definition. I. 11, 15. Deportation. III. 68. Education. I. 140; III. 182. Employment. II. 195. Establishment. III. 31. Examination. I. 270 ; II. 263. Frontier traffic. III. 259, 260. Information. I. 140. Insurance. I. 311; II. 424; III. 206, 210, 213, 216, 218, 225. Interpreters. 1.300. Labour. III. 136, 137, 151, 182. Legal incapaeity. III. 116. Lists. I. 275. Military service. III. 123. Minority. I. 50, 51. Morals. II. 38. Nationality. III. 98, 100. Naturalisation. II. 417. Negro slave trade. III. 230, 231. Occupation, profession, trade. II. 413, 414; III. 181. 361 Official departments. I. 114; II. 161. Passports. I. 80; II. 114. Placing. I. 114, 132, 185; II. 233. Ports. II. 288. Private associations. I. 132. Proceedings. I. 258. Propaganda. I. 246. Property rights. II. 425 ; III. 120. Protection. III. 54. Recruitment. I. 1.57; III. 167, 168i Refugees. III. 251. Registration. II. 401. Reimhursement. I. 234, 236. Rejection. II. 306. Repatriation. 1.320 ; II. 320 ; III. 71. Resources. II. 69. Restrictions. I. 34, 50, 51, 58, 64; II. 38, 69, 82, 99 ; III. 30, 43. Savings. III. 76. Seamen. I. 103, 106; II. 139, 142, 143, 144. Sex. I. 58, 132-134. Ships. I. 283, 299. Sickness. I. 64, 234; II. 99. Statistics. I. 24, 26, 29; II. 21. Status of alien workers. III. 81. Transit. I. .363; III. 54, 59, 60, 61, 63. Transport. I. 211, 212, 283, 299; II. 297; III. 48, 49. Transport by land. I. 308. Great Britain (Colonies) See also under names of the various Colonies Examination. II. 263. Official organisations. II. 162. Passports. I. 84; II. 114. Registration. II. 401. Restrictions. II. 99. Transport. II. 247. Greece Archives. I. 253. Assisted emigration. I. 74, 116, 332. Charitable assistance. III. 16,112. Clandestine migration. I. 96. Consuls. I. 341. Contract of transport. I. 196, 199, 205, 233, 241. Cost of transport. I. 216, 219. Courts. III. 102. Definition. I. 10, 11, 16. Deportation. III. 69. Embarkation. I. 260. Employment. II. 195. Examination. II. 265. Exchange of populations. III. 255, 256. 362 INDEX BY COUNTRIES Financial assistance. III. 17. Labour market. III. 12. Lists. I. 276. Military service. I. 44; III. 123. Minority. I. 52. Morals. I. 41 ; II. 39. Nationality. III. 98. Occupation, profession, trade. III. 178. Official departments. I. 116; II. 164. Passports. I. 82, 84. Ports. II. 288. Proceedings. I. 255. Propaganda. I. 246. Property rights. III. 120. Protection. II. 347. Refugees. III. 249. Registration. II. 403. Reimbursement. I. 241-242. Rejection. II. 307. Repatriated persons. I. 332. Repatriation. I. 322, 332; II. 322. Resources. II. 71. Restrictions. I. 33, 41, 44, 52, 58, 74, 76, 84; II. 39, 71, 82, 126. Seamen. I. 105, 106. Ships. I. 288, 300; III. 48. Sickness. II. 101. Statistics. I. 24. Transit. I. 364; III. 58 60. Transport. I. 212, 251, 253, 279. Grenada (British Empire) Minority. I. 52. Passports. II. 114. Recruitment. I. 157. Transit. I. 364. Guadeloupe (France) Clandestine migration. I. 96. Commissioners. I. 113. Definition of an immigrant. 11.9,13. Examination. II. 262. Labour. II. 221. Official departments. II. 159. Protection. II. 385. Recruitment. I. 157, 165; II. 207, 208. Registration. II. 399. Repatriation. II. 320, 331. Restrictions. II. 55, 90. Transport. I. 157, 199. Guatemala Assisted immigration. II. 241. Clandestine migration. II. 134. Definition of an immigrant. II. 8, 9, 16. Educational conditions. II. 63. Employment. II. 196. Examination. II. 254, 265. Information. II. 179. Labour. II. 226. Maintenance obligation. I. 47-48. Military service. I. 44; III. 123. Minority. I. 52. Morals. II. 39. Nationality. III. 98. Occupation, profession, trade. II. 83; III. 181. Offieial departments. II. 164. Old age. II. 91. Passports. I. 82; II. 114. Placing. II. 233. Ports. II. 288. Procedure. II. 381. Protection. II. 347. Race. II. 55. Recruitment. I. 158, 177, 326; II. 210; III. 161. Registration. II. 403. Rejection. II. 307. Repatriation. I. 326. Resources. II. 71. Restrietions. I. 44, 47, 52, 58; II. 25, 39, 55, 63, 71, 83, 91 ; III. 30. Settlement. II. 368. Sex. I. 58. Status of alien workers. III. 80, 82. Transit. I. 364. Transport. II. 298. Guinea (French West Africa) Clandestine migration. I. 96. Commissioners. I. 113. Recruitment. I. 164. Resources. I. 67. Restrietions. I. 36, 67. Transport. I. 164, 199. Haiti Clandestine migration. I. 97. Consuls, I. 341. Definition. I. 10, 11, 17. Embarkation. I. 260. Emigration offieers. I. 345. Examination. II. 265. Lists. I. 276. Minority. I. 52. Nationality. III. 98, 100. Negro slave trade. III. 230. Passports. I. 52, 84, 97. Recruitment. I. 158, 165, 168. Repatriation. I. 326. Restrictions. I. 38, 52. Official departments. II. 164. Property rights. II. 425. INDEX BY COUNTEIES Registration. II. 404. Ships. I. 288. Transport. I. 158, 168, 199, 205, 229, 251, 288. Hawaii (United States) Assisted immigration. II. 243. Official departments. II. 171. Honduras Aged persons. II. 91. Courts. III. 105. Definition of an immigrant. II. 9,16. Deportation. III. 68. Labour. II. 226. Morals. II. 39. Nationality. III. 98, 100. Occupation, profession, trade. II. 83, 415; III. 181. Official departments. II. 164. Procedure. II. 381. Protection. II. 348. Recruitment. III. 161. Repatriation. II. 322. Restrictions. II. 26, 39, 83, 91, 101, 126; III. 80. Settlement. II. 368; III. 9. Sickness. II. 101. Status of alien workers. III. 80, 82. Hongkong (British Empire) Accommodation. I. 264. Clandestine migration. I. 96; II. 133. Definition. I. 11, 16. Examination. I. 271. Lists. I. 275, 276. Passports. II. 114. Propaganda. I. 246. Recruitment. I. 157, 158, 165. Rejection. I. 321 ; II. 307. Repatriation. I. 321 ; II. 334. Restrictions. II. 70. Seamen. I. 101. Ships. I. 300. Statistics. I. 26. Transport. I. 196, 205, 212, 225, 250, 300. Hungary Accommodation. I. 242. Advances of money. I. 248. Archives. I. 253. Assisted emigration. I. 74, 117, 134, 188, 332. Clandestine migration. I. 97; III. 9. Continental migration. I. 354. Contract of transport. I. 200, 206. 224, 225, 227, 230, 237, 242, 246. 363 Cost of transport. I. 216, 220. Decease. 1.316. Definition. I. 10, 17. Embarkation. I. 260. Employment. II. 196. Establishment. III. 30, 86. Frontier traffic. III. 257, 258. Information. I. 141. Insurance. I. 311; III. 194, 216. Labour. III. 132, 151. Labour market. III. 12. Legal incapacity. III. 117. Maintenance obligations. I. 48. Medical assistance. I. 315. Medical certificate. I. 85. Minority. I. 52. Morals. 1.41. Occupation, profession, trade. I. 200 ; II. 83, 412, 413; III. 177, 179. Official departments. I. 116. Passports. I. 59, 81, 85, 251, 323; II. 114; III. 41. Placing. II. 233. Private associations. I. 134. Propaganda. I. 246. Recruitment. I. 153, 171. Registration. II. 233. Reimbursement. I. 221, 237. Repatriated persons. I. 332. Repatriation. I. 323, 332 ; II. 323. Resources. I. 68. Restrictions. I. 41, 48, 52, 59, 68, 72, 74, 76; II. 39, 56, 83, 101. Savings. I. 348. Sex. I. 52, 59. Ships. I. 289. Sickness. II. 101. Statistics. I. 24, 26, 28 ; II. 22. Transit. I. 359, 364; III. 58, 59, 62, 63. Transport. I. 215, 220, 251, 258, 289, 311, 315, 316; III. 48. Iceland Employment. II. 196. Insurance. III. 196, 207, 210, 216, 221. Occupation, trade, profession. II. 83. Repatriation. II. 323. Resources. II. 71. Restrictions. II. 40, 71, 83, 101. Sickness. II. 101. India (Indian Empire) Accommodation. I. 264. Assisted emigration. I. 190. Clandestine migration. I. 97. Colonial emigration. III. 328. Continental migration. I 354.. 364 INDEX BY COUNTRIES Definition. I. 10, II, 12, 17. Embarkation. I. 260-261. Emigration officers. I. 345. Examination. I. 271, 321. Hospital treatment. I. 273. Information. I. 141. Insurance. I. 311 ; III. 206. Minority. I. 53. Occupation, profession, trade. I. 70. Official departments. I. 117. Race. III. 36. Recruitment. I. 59, 151, 153, 159, 166, 168, 170, 171, 178; III. 162, 168. Registration. II. 404. Repatriation. I. 321, 326, 332; II. 323; III. 73. Restrictions. I. 38, 53, 59, 70, 77, 92; II. 126. Seamen. I. 101; II. 142. Sex. I. 59. Transport. I. 189, 301. Indo-China (France) See also : Annam, Cambodia, Cochin-China, Tonquin Ciandestine migration. I. 93. Colonial emigration. III. 239. Commissioners. I. 113. Definition of an immigrant. II. 9. Information. II. 179. Rapp IT .54 14.3 Recruitment. I. 165; II. 208; III. 169. Registration. II. 54, 143. Rejection. II. 305. Repatriation. II. 320, 332. Restrictions. II. 54. Seamen. II. 143. Transport. I. 165, 199; II. 296. Iraq (British Mandate) Courts. III. 102. Irish Free State Definition. I. 11, 17. Employment. II. 196. Examination. II. 265. Insurance. III. 206, 210. Morals. II. 40. Occupation, profession, trade. II. 83. Official departments. I. 118; II. 165. Ports. II. 288. Registration. II. 404. Rejection. II. 307. Repatriation. II. 323. Resources. II. 71. Restrictions. II. 40, 71, 83, 101, Sickness. II. 101. Transit. I. 364. Italian Somaliland Restrictions. I. 38, 68, 92. Italy See also : San Marino, Italian Somaliland, Tripolitania Assisted emigration. I. 74, 188, 191. Capital. I. 75. Charitable assistance. III. 16, 107, 109, 110, 111, 112, 113. Ciandestine migration. I. 98. • Colonial emigration. III. 239, 240, 242. Consuls. I. 342; III. 124. Continental migration. I. 354. Contract of employment. I. 178. Contract of transport. I. 196, 200, 206, 224, 227, 230, 242. Cost of transport. I. 217, 220, 223. Courts. III. 104, 105. Definition. I. 10, 11. Deportation. III. 67, 68. Direct transport. I. 317. Education. 1.145,146, 348 ; III. 118, 119. Embarkation. I. 261, 265. Emigration funds. I. 119. Employment. II. 188, 197. Establishment. III. 31, 86. Examination. I. 271, 321. Exit taxes. I. 279. Frontier traffic. III. 257, 258. Health measures. III. 65. Hostels. I. 265. Information. I. 134, 141, 348. Insurance. I. 314; III. 194-228. Labour. HI. 2, 126, 138-142, 151153, 186-190. Legai incapacity. HI. 114. Lists. I. 276. Medical assistance. I. 315, 342. Military service. I. 43, 44, 85; HI. 123. Minority. I. 53, 59. ■ Nationaiity. HI. 98. Negro slave trade. HI. 230. Occupation, profession, trade. I. 70; II. 413, 414, 415; III. 178, 179, 180, 181. Official departments. I. 118, 141, 345; III. 9. Officials. I. 345. Passports. I. 68, 70, 77, 85, 86, 251 ; II. 22, 115; HI. 41, 48. Placing. I. 185, 348. Private associations. I. 134, 141. Proceedings. 1.173, 255. Propaganda. I. 246. Property rights. HI. 120. INDEX BY COUNTKIES Protection. III. 53, 54. Race. III. 37. Recruitment. I. 159-160, 166, 173, 183; III. 126, 163, 168. Refugees. III. 250. Registration. II. 404. Reimbursement. I. 234, 236, 237. Repatriation. I. 321, 323, 327, 333; II. 323; III. 73. Resources. I. 68. Restrictions. I. 33, 43, 44, 53, 59, 65, 68, 70,72, 74,75, 77, 92 ; III. 31. Right of association. III. 193. Savings. III. 75, 76, 77. Seamen. I. 106; II. 138. Sex. I. 59. Ships. I. 290, 296, 301 ; III. 48, 53, 65. Sickness. I. 65, 234, 265. Statistics. I. 24, 25, 28, 30; II. 22. Status of alien workers. III. 81, 90. Taxes. II. 115; III. 122. Transit. I. 364; III. 50, 61, 62. Transport. I. 212, 251, 261, 290, 296, 301; III. 48, 52. Transport by land. I. 308 ; III. 52. Ivory Coast (French West Africa) Clandestine migration. I. 96. Colonial emigration. III. 239. Commissioners. I. 113. Recruitment. I. 156, 165, 168. Repatriation. I. 325; II. 338. Resources. I. 67. Restrictions. I. 37, 67. Transport. 1.156,165, 196, 199, 250. Jalisco, State of (Mexico) Assisted emigration. I. 191. Repatriation. 1.327. 365 Restrictions. I. 38, 67; II. 38, 39, 99, 100, 101, 125, 126. Sickness. II. 99, 100, 101. Transport. I. 196, 250; II. 297. Japan See also : Formosa, Korea, South Sea Islands Accommodation. I. 265. Advances of money. I. 248. Assisted emigration. I. 191. Charitable assistance. III. 16. Clandestine migration. III. 134. Colonial emigration. III. 239. Continental emigration. I. 355. Cost of transport. I. 217. Courts. III. 101. Definition. I. 10, 11, 19. Diplomatic and consular agents. I. 342. Education. I. 147. Embarkation. I. 265. Emigration officers. I. 345. Establishment. III. 31, 86. Legal incapacity. III. 117. Occupation, profession, trade. II. 412, 413, 415; III. 177, 178, 181. Official departments. I. 121. Passports. I. 41, 77, 86; II. 115. Property rights. II. 425 ; III. 120. Race. III. 31, 35, 36. Recruitment. I. 160, 166, 168, 170, 172, 178. Repatriation. I. 327, 333. Restrictions. I. 39, 41, 59, 77; II. 40, 71, 101. Sex. I. 59. Ships. I. 290; III. 48. Sickness. II. 101. Transport. I. 196, 200, 206, 242, 290. Java, Dutch Indies (Netherlands) Jamaica (British Empire) Clandestine migration. I. 97. Definition of an immigrant. II. 9, 15. Examination. I. 270; I. 265. Labour. II. 223, 224, 225, 226. Lists. I. 275, 276. Morals. II. 38, 39. Offlcial departments. II. 162,163. Ports. II. 288. Protection. II. 378, 387. Recruitment. I. 157, 158, 165, 176, 177. Registration. II. 402, 403. Repatriation. I. 326; II. 321, 339. Resources. I. 67. Accommodation. I. 266. Assisted emigration. I. 192. Colonial emigration. III. 238. Continental emigration. I. 356. Examination. I. 271. Embarkation. I. 262. Emigration officers. I. 342. Hospital treatment. I. 273. Labour. II. 226-227. T Recruitment. I. 70, 151, 153, 160, 166, 169, 179, 266. Repatriation. I. 321, 327. Restrictions. I. 60, 65, 68, 70, 77. Sex. I. 60. Transit. I. 365. 366 INDEX BY COUNTRIES Johore, Non-federated Malay States (British Empire) Assisted immigration. II. 241. Definition of an immigrant. II. 15. Examination. I. 263, 264, 265. Official departments. II. 163. Ports. II. 288. Registration. II. 401, 402. Rejection. II. 306. Repatriation. II. 333, 339. Restrictions. II. 125. Transport. II. 297. Kedah, Non-Federated Malay States (British Empire) Definition of an immigrant. II. 15. Labour. II. 225. Official departments. II. 162, 163. Protection. II. 387. Registration. II. 402. Repatriation. II. 339. Kelantan, NonrFederated Malay States (Bri^sh Empire) Definition of an immigrant. II. 15. Examination. II. 264. Labour. II. 223, 22^, 225. Official departments. II. 162, 163. Ports. II. 288. Protection. II. 387. Registration. II. 402. Repatriation. II. 333, 339. Restrictions. I. 70. Kenya (British Empire) Official departments. II, 162. Korea (Japan) Assisted emigration. I. 191. Clandestine migration. I. 98. Definition. I. 10, 11, 19. Emigration officers. I. 346. Employment. II. 197. Lists. I. 276. Proceedings. I. 173. Recruitment. I. 166, 169, 170, 172, 179. Repatriation. I. 327, 333. Restrictions. I. 39, 72. Transport. I. 196, 206. Latvia Charitable assistance. III. 111. Clandestine migration. II. 134. Courts. III. 105. Definition. I. 10, 11, 19. Deportation. III. 68. Establishment. III. 30. Frontier traffic. III. 257. Health measures. III. 65. Insurance. III. 206, 212, 217. Legal incapacity. III. 115. Minority. I. 53. Occupation, profession, trade. II. 11.5, 412, 413; III. 178, 179. Passports. I. 82,86; II. 115; III. 42, 43. Restrictions. III. 30, 43. Status of alien workers. III. 80, 83, 90. Transit. I. 365 ; III. 50, 59, 61. Transport. III. 49, 50. Leeward Islands (British Empire) Lists. I. 276. Recruitment. I. 157, 158, 165, 176. Repatriation. II. 321, 322. Restrictions. I. 38; II. 38, 39, 69, 82, 99. 100. Sickness. II. 99. Liberia Colonial emigration. III. 329. Labour. III. 155, 160. Repatriation. III. 71. Savings. III. 76. Transport. Ill, 52. Liechtenstein See also : Switzerland Establishment. III. 39. Frontier traffic. III. 260 Insurance. III. 225. Labour. III. 154. Lithuania Archives. I. 253. Charitable assistance. III. 111. Cost of transport. I. 217, 220, 222. Courts. III. 105. Deportation. III. 68. Diplomatic and consular agents. I. 342. Establishment. III. 30. Exchange. I. 251. Fortuitous death. I. 316. Frontier traffic. III. 257, 258. Insurance. I. 315; III. 200. Labour. III. 148, 153. Legal incapacity. III. 115. Medical assistance. I. 315. INDEX BY COUNTEIES Military service. I. 145. Minority. I. 53. Morals. I. 41. Occupation, profession, trade. III. 177, 178. Passports. I. 41, 44, 48, 53, 82, 86. Propaganda. I. 246. Reimbursement. I. 237. Repatriation. I. 323. Restrictions. I. 41, 44, 48, 53, 77, 92. Ships. III. 48. Status of alien workers. III. 80, 83, 90. Transit. III. 61. Transport. I. 200, 206, 224, 227, 228, 230, 233, 243, 251; III. 49. Luxemburg, Grand Duchy of Charitable assistance. III. 16, 107112. Courts. III. 104. Definition of an emigrant. I. 11, 19. Definition of an immigrant. II. 8,16. Education. III. 118, 119. Employment. II. 197. Establishment. III. 30. Frontier traffic. III. 260. Insurance. III. 195, 201, 202, 207, 215, 216, 217, 221, 223, 225. Labour. III. 126, 133, 135, 151, 153, 189, 192. Legal incapacity. III. 114, 116. Occupation, profession, trade. II. 423; III. 177, 178. Passports. I. 81; II. 115; III. 41. Protection. III. 54. Right of association. III. 193. Savings. III. 76, 77. Status of alien workers. III. 90. Taxes. III. 121, 122. Transit. I. 365; III. 50, 59. Transport. I. 196; III. 49. Madagascar (France) Assisted immigration. II. 240. Clandestine migration. I. 96; II. 133. Commissioners. I. 113. Definition of an immigrant. II. 9,13. Examination. II. 262. Information. II. 179. Labour. II. 221, 378. Occupation, trade or profession. II. 412, 413. Official departments. II. 159,160. Protection. II. 385. Race. II. 56. Recruitment. I. 156, 157, 165; II. 207, 208. 367 Registration. II. 397, 398, 399. Repatriation. II. 319, 320, 331. Restrictions. I. 36; II. 56, 90. Sickness. II. 285. Transport. I. 199, 211, 250; II. 247, 296. Madura, East Indies (Netherlands) Accommodation. I. 266. Assisted emigration. I. 192. Embarkation. I. 266. Examination. I. 271. Hospital treatment. I. 273. Labour. II. 227. Recruitment. I. 70, 151, 153-154, 160-161, 167, 169, 180, 266. Repatriation. I. 321, 327. Restrictions. I. 60, 65, 68, 70, 77. Sex. I. 60. Sickness. I. 65. Transit. I. 365. Malay States See under Federated and Non-Federated Malay States Malta (British Empire) Definition. I. 11, 12, 16. Education. I. 145, 146. Examination. 1.271. Information. I. 141. Official departments. I. 115. Passports. I. 84. Mandated Territories For territories under : Australian Mandate'^ see New Guinea. Belgian Mandate, see Buanda-XJrundi. British Mandate, see Iraq, Palestine, Tanganyika, Transjordan. British Fnvgire Mandate, qqq Nauru (Australian administration). French Mandate, see Cameroons, Syria and Lebanon, Togo. Japanese Mandate, see South Sea Islands. New Zealand Mandate, see Western Samoa. South African Mandate, see South-West Africa. Manitoba, Province of (Canada) Colonisation. II. 364. Protection. II. 346, 383. Martinique (France) Clandestine migration. I. 96. Commissioners. I. 113. Definition. I. 10, 11, 15. Employment. I. 193. Official departments. II. 159. 368 INDEX BY COUNTRIES Protection. II. 385. Recruitment. I. 157, 165; II. 207. Restrictions. II. 90. Transport. I. 157, 165, 199. Massachusetts, State of (United States) Employment. II. 200. Mauritius (British Empire) Definition. I. 10, 12, 16. Examination. I. 270, 271. Labour. II. 222, 223. Morals. II. 38. Official departments. II. 162. Passports. I. 84. Recruitment. I. 157, 158, 165, 176, 177; II. 210. Rejection. II. 307. Repatriation. II. 333, 337. Restrictions. I. 38; II. 38, 39. Transport. I. 196, 205, 300; II. 298. Mayotte (France) Clandestine migration. I. 96. Commissioners. I. 113. Definition of immigration. II. 13. Labour. II. 221, 377-388; III. 155. Protection. II. 385. Recruitment. I. 157, 165, 168; II. 207. Registration. II. 398, 399. Transport. I. 157, 165, 199. Memel Territory See : Lithvania Mexico See also : Jalisco Airship, Travel by. II. 276. Assisted emigration. I. 134. Clandestine migration. I. 98 ; II. 134 ; III. 38. Continental emigration. I. 352, 355. Continental immigration. II. 428. Courts. III. 105. Definition of an emigrant. I. 10, 11, 19. Definition of an immigrant. II. 8, 9, 10, 16. Documents. II. 115, 405. Education. II. 63. Employment. II. 197. Establishment. III. 31. Examination. II. 254, 265, 275. Information. I. 142. I.abour. III. 190. Legal incapacitv. III. 117. Lists. I. 276. ‘ Minority. II. 91. Morals. II. 40. Occupation, profession, trade. II. 83; III. 178, 181. Official departments. I. 121 ; II. 165. Old age. 11. 91. Passports. I. 86. Ports. I. 261; II. 289. Private associations. I. 134. Procedure. II. 280, 381. Property rights. II. 425. Protection. II. 348. Race. II. 56 ; III. 34. Recruitment. I. 160, 179; III. 160. Registration. II. 405. Rejection. II. 308. Repatriation. I. 327; II. 324. Resources. II. 71. Restrictions. I. 33, 41, 72 ; II. 26, 40, 56, 63, 71, 83, 91,101-102, 127. Seamen. II. 137. Settlement. II. 369-370. Ships. II. 289. Sickness. II. 101. Statistics. I. 24, 25, 121. Status of alien workers. III. 80, 84. Taxes. II. 71, 115, 290. Transit. I. 261, 367. Transport. I. 213, 255, 293; II. 247 298. Minas Geraes, State of (Brazil) Assisted immigration. II. 239. Labour. II. 219. Official departments. II. 153. Protection. II. 345. Recruitment. II. 205. Restrictions. II. 96. Settlement. II. 361-362. Monaco See also : France Charitable assistance. III. 111. Courts. III. 104. Education. III. 118. Legal incapacity. III. 116. Morocco (France) Clandestine, migration. I. 96. Colonial emigration. III. 240. Continental emigration. I. 354. Definition. II. 11, 14. Information. II. 175, 179. Labour. I. 176; II. 113. Medical certificate. I. 36, 64. Morals. I. 41. lîSTDEX BY COUNTRIES Occupation, trade, profession. II. 414. Official departments. II. 160. Passports. II. 113. Placing. I. 150, 184. Kace. II. 113. Recruitment. I. 150. Registration. II. 397. Restrictions. I. 36, 41, 64; II. 38. Settlement. II. 367. Sickness. I. 64. Transport. I. 199. Mozambique See also : Portugal (Colonies) Colonial emigration. III. 238. Insurance. III. 217. Labour. III. 156-160, 192. Protection. II. 349. Repatriation. III. 67, 71. Savings. III. 76. Settlement. II. 372-373. Taxes. III. 122. > Nauru (British Empire Mandate, Australian administration) Assisted immigration. II. 236. Examination. II. 252, 256. Labour. II. 215. Recruitment. II. 203. Repatriation. II. 330. Negri Sembilan, Federated Malay States (British Empire) Labour. II. 222. Protection. II. 386. Netherlands See also : Curaçao, East Indies, West Indies, Surinam Accommodation. I. 243. Assisted emigration. I. 134, 191. Charitable assistance. III. ' 16, 110, 113. Continental emigration. I. 355. Cost of transport. I. 220, 223. Courts. III. 104,106. Deportation. III. 67, 68, 69. Direct transport. I. 317. Establishment. III. 31, 86. Information. I. 134, 142. Education. I. 142, 145. Insurance. III. 203, 208, 211, 215, 216, 217, 218. Legal incapacity. III. 115, 117. Lists. I. 276. Military service. III. 123. | 369 Negro slave trade. III. 130, 231. Occupation, profession, trade. II. 413; III. 178. Official departments. I. 121. Passports. I. 81; III. 41. Placing. I. 134, 185; II. 233. Private associations. I. 134. Proceedings. I. 256. Recruitment. II. 211 ; III. 169. Registration. II. 405. Reimbursement. I. 234.. Rejection. III. 66. Resources. II. 71, 84. Restrictions. I. 34, 65; II. 71, 84; III. 43. Savings. III. 75. Seamen. I. 102. Ships. I. 291, 302 ; III. 48. Sickness. I. 65, 234. Statistics. I. 25, 28; II. 21. Taxes. III. 121. Transit. I. 359, 365 ; III. 59, 160, 63. Transport. I. 201, 206, 223, 224, 225, 227, 230, 243, 258, 291, 302, 355; III. 48, 49. Nevada, State of (United States) Employment. II. 200. New Brunswick, Province of (Canada) Colonisation. II. 364. New Caledonia (France) Recruitment. II. 208. Registration. II. 399. Repatriation. II. 320, 331. Restrictions. II. 55, 125. Newfoundland Definition of an immigrant. II. 9, 10, 17. Diplomatic and consular agents. II. 57. Examination. II. 267. Morals. II. 40-41. Official departments. II. 166. Passports. II. 116. Ports. II. 289. Procedure. II. 286, 381. Race. II. 57. Registration. II. 406. Repatriation. II. 324. Resources. II. 72. Restrictions. II. 40-41, 57, 72, 102, 121. Sickness. II. 102, 281. Transport. II. 299. 24 370 INDEX BY COUNTRIES New Guinea (Australian Mandate) Continental emigration. I. 353, Occupation, trade, profession. I. 69. Sex. I. 57. Ships. I. 286, 297. Recruitment. I. 57, 69, 152. Restrictions. I. 57, 69; II. 48. New South Wales (Australia) Assisted immigration. II. 237. Education. II. 182. Placing. II. 231. Property rights. II. 424. Protection. II. 343, 376, 382. Settlement. II. 355, 357. New York, State of (United States) Employment. II. 200. New Zealand See also : Western Samoa (Mandate) Assisted immigration. II. 242. Documents. II. 116. Education. II. 183-184. Examination. II. 254, 267. Information. II. 179. Morals. II. 41. Passports. I. 82. Permission to immigrate. 11.116,128. Race. II. 58. Registration. II. 406. Rejection. II. 308. Repatriation. II. 324. Resources. II. 72-73. Restrictions. II. 41, 58, 72-73, 91, 102, 128. Settlement. II. 370-371. Sickness. II. 102. Statistics. I. 26; II. 21. Transit. I. 366. Transport. II. 299. Nicaragua Courts. III. 105. Diplomatic and consular agents. I. 342. Maintenance obligations. I. 48. Minority. I. 53. Nationality. III. 98, 99, 100. Occupation, trade, profession. III. 181. Recruitment. I. 161, 166, 180; III. 161. Repatriation. I. 327. Resources. II. 73. Restrictions. I. 48, 53, 60; II. 73. Sex. I. 60. Status of alien workers. III. 80. Nigeria (British Empire) Examination. I. 270; II. 263. Invalidity. I. 62. Lists. II. 275, 276. Maintenance obligations. I. 47. Minority. I. 52. Morals. II. 38, 39. Official departments. II. 162. Recruitment. I. 153, 157, 158, 165, 176, 177. Repatriation. II. 321, 322. Restrictions. I. 37, 47, 52, 62; II. 38, 39, 69, 70, 99, 126. Sickness. II. 99. Transit. I. 364. Transport. I. 250. Non-Federated Malay States (British Empire) See also : Johore, Kedah, Kelantan, Pei'lis Colonial emigration. III. 238. Definition of an immigrant. II. 9,15. Recruitment. III. 162. Statistics. II. 21. North Africa See : Algeria, Morocco, Tunis Northern Rhodesia (British Empire) Examination. II. 274. Morals. II. 38, 39. Procedure. II. 280. Repatriation. II. 321. Restrictions. II. 38, 39, 69, 82, 99 100, 126. Sickness. II. 99, 100. Northern Territory (Australia) Colonisation. II. 357. Property rights. II. 425. Norway Airship, travel by. II. 277. Charitable assistance. III. 16, 109, 113. Clandestine migration. I. 95. Contract of transport. I. 196, 201, 207, 223, 224, 225, 227, 228, 230, 243, 258. Cost of transport. I. 222, 223. Courts. III. 101. Definition. I. 11. Emigration conferences. III. 12. Employment. II. 197. Establishment. III. 31. Frontier traffic. 260. INDEX BY COUNTRIES Information. I. 135, 142. Insurance. III. 210, 217, 225, 227, 228. Legal incapacity. III. 114, 116. lasts. I. 277. Maintenance obligations. I. 48. Military service. I. 44. Nationality. III. 98, 99, 100. Naturalisation. II. 418, 421 ; III. 98. Negro slave trade. III. 230. Occupation, profession, trade; II. 412, 413, 414, 415. Official departments. I. 122; II. 166. Passports. I. 81; II. 116; III. 43. Placing. II. 234. Private associations. I. 135. Procedure. I. 258. Propaganda. I. 247. Property rights. II. 424. Recruitment. I. 185-186. Registration. II. 406. Rejection. II. 308. Repatriation. II. 324. Restrictions. I. 34, 41, 44, 48, 92; II. 41, 84; III. 43. Seamen. 1.103-107; II. 139-142,144. Status of alien workers. III. 80,81,84. Transit. III. 59, 60. Transport. I. 213, 251, 291; III. 48. Nossi Bé (France) Definition of an immigrant. II. 41. Labour. II. 221, 378; III. 155. Protection. II. 385. Recruitment. II. 207. Registration. II. 398. Nova Scotia, Province of (Canada) Protection. II. 346, 383. Nyasaland (British Empire) Examination. II. 264. Morals. II. 38, 39. Procedure. II. 280. Repatriation. II. 321, 322. Rejection. II. 306. Restrictions. II. 38, 39, 69, 70, 82, 99, 100, 126. Sickness. II. 99, 100. Transit. I. 364. Ohio, State of (United States) Employment. II. 200. Ontario, Education. Protection. Settlement. Province of (Canada) II. 183. II. 346, 383. II. 364. 371 Oregon, State of (United States) Employment. II. 200. Pahang, Federated Malay States (British Empire) Labour. II. 223. Protection. II. 386. Palestine (British Mandate) Definition of an immigrant. II. 11. Examination. II. 256, 273. Frontier traffic. III. 259. Jewish immigration. III. 246, 247. Morals. II. 33. Numerical restrictions. II. 29. Occupation, profession, trade. II. 78. Official departments. II. 148. Passports. II. 108. Permission to immigrate. II. 123. Ports. II. 286. Recruitment. II. 203. Registration. II. 390. Rejection. II. 303. Repatriation. II. 312. Resources. II. 65-66. Restrictions. II. 29, 30, 33, 65-66, 78, 94, 123. Sickness. II. 94. Seamen. II. 142. Taxes. II. 290. Panama Aged persons. II. 91. Clandestine emigration. II. 134. Continental emigration. I. 356. Continental immigration. II. 428. Definition of an immigrant. II. 8, 9, 10, 18. Documents. II. 116. Employment. II. 198. Examination. II. 267, 275. Morals. II, 41. Occupation, profession, trade. II. 414. Official organisations. II. 166. Passports. I. 81. Permission to immigrate. II. 128. Race. II. 59. Recruitment. II. 212. Registration. II. 406. Rejection. II. 309. Repatriation. II. 325, 334, 337. Resources. II. 73. Restrictions. II. 41, 59, 73, 91, 102, 128. Settlement. II. 371. Sickness. II. 102. Transit. I. 366; III. 59. 372 INDEX BY COUNTRIES Papua, Territory of (Australia) Clandestine migration. II. 132. Educational conditions. II. 62. Morals. II. 35. Permission to immigrate. II. 123. Ports. II. 287, 315. Repatriation. ÏI. 315. Resources. II. 67. Restrictions. II. 35, 62, 67, 96, 123. Sickness. II. 96. Para, State of (Brazil) Official departments. 11.154. Paraguay Clandestine migration. II. 135; III. 38. Courts. III. 105. Definition of an immigrant. II. 8, 9, 10, 18. Diplomatic and consular agents. II. 128. Documents. II. 117. Examination. II. 267. Information. II. 179. Labour. III. 190. Morals. II. 41-42. Nationality. III. 100. Occupation, profession, trade. II. 84; III. 3. Official departments. II. 166. Old age. II. 91, 117. Procedure. II. 281. Protection. II. 348, 388. Race. II, 60; III. 31. Recruitment. II. 212. Rejection. II. 309. Repatriation. I. 337. Resources. II. 73. Restrictions. 26, 41-42, 60, 73, 84, 91, 103, 128. Settlement. II. 371. Sex. II. 91. Sickness. II. 103. Statistics. II. 23. Status of alien workers. III. 82. Transit. I. 366. Transport. II. 248. Parana, State of (Brazil) Official departments. II. 154. Perak, Federated Malay States (British Empire) Labour. II. 223. Protection. II. 386. Perils, Non-Federated Malay States (British Empire) Definition of an immigrant. II. 15. Labour. II. 225. Official departments. II. 162, 163. Protection. II. 387. Registration. II. 402, 403. Repatriation. II. 339. Pernambuco, State of (Brazil) Occupation, trade, profession. II. 80. Official departments. Ill, 154. Protection. II. 345. Restrictions. II. 80. Peru Assisted immigration. II. 243. Clandestine migration. II. 38. Establishment. III. 31. Morals. II. 42. Nationality. III. 100. Occupation, trade, profession. II. 414; III. 3, 181. Official departments. II. 166-^67. Procedure. II. 286, 381. Protection. II. 349. Race. 11.60,111.35. Registration. IT. 407. Rejection. II. 309. Repatriation. II. 325. Restrictions. II. 26, 42, 60, 103. Seamen. II. 138. Settlement. II. 372. Sickness. II. 103. Transport. II. 299. Philippine Islands (United States) Labour. I. 182. Ministry. I. 55. Official departments. II. 171. Race. II. 61. Recruitment. I. 163, 167, 182. Restrictions. I. 55; II. 61. Statistics. II. 21. Poland See also : Danzig Accommodation. I. 135, 266. Agricultural workers. III. 2. Archives. I. 253-254. Assisted emigration. I. 135. Charitable assistance. III. 107, 108, 109, 111, 112. Consuls. I. 342, 400. Continental emigration. I. 356. Contract of transport. I. 196, 201, 210, 226, 227, 230, 238, 398, 399, 400. INDEX BY COUNTRIES Cost of transport. I. 217, 223, 899. Courts. III. 104, 105, 192. Definition of an emigrant. I. 10, 11, 19, 395. Definition of an immigrant. II. 9,18. Deportation. III. 68. Direet transport. I. 317. Education. III. 118. Emigration officers. I. 346, 400. Employment. II. 198. Establishment. II. 31, 86, 87. Examination. I. 271, 400. Frontier traffic. III. 258. Health measures. III. 65. Hostels. I. 135-136. Information. I. 135-136, 142. Insurance. I. 398; II. 424; III. 195, 196, 200, 203, 214, 216, 217, 221, 224, 225, 228. Interpreters. I. 302. Labour. III. 2, 132-133, 136, 142, 148, 149, 153, 170, 189, 190, 192. Labour market. HI. 12. Legal incapacity. HI. 114, 117. Lists. I. 277. ' Minority. I. 54, 396. Occupation, profession, trade. II. 412,413, HI. 178,179,182. Official departments. I. 122, 396, 397. Option. III. 254, 255. Passports. I. 80, 81, 82, 86, 356; II. 22; III. 41, 42. Permission to immigrate. II. 117. Placing. I. 154, 186, 396; II. 234. Ports. I. 262. Private associations. I. 135. Procedure. I. 256, 398. Propaganda. I. 247, 400. Protection. HI. 54. Recruitment. I. 151, 154, 172, 180, 400, 401 ; III. 126, 162, 164-166. Registration. II. 407. Reimbursement. I. 234, 238, 323. Rejection. HI. 67. Repatriated persons. I. 336. Repatriation. I. 323, 328, 334, 400; II. 325. Resources. II. 74. Restrictions. I. 33, 54, 60, 68, 395, 396; II. 42, 74, 103, 128; III. 31. Right of association. HI. 193. Savings. HI. 75, 76, 77. Schools. I. 349. Sex. I. 60, 396. Ships. I. 292, 302, 399, 400. Statistics. I. 24, 25, 30; II. 22. Status of alien workers. HI. 90. Taxes. III. 122. Transit. I. 366; HI. 50, 58, 59, 61. 373 Transport. 1.213,215,251,271,292, 302, 314, 398, 400; III. 48, 49, 52, 54. Transport by land. I. 308. Porto Rieo (United States) Labour. I. 182. Minority. I. 55. Official departments. I. 128-129. Recruitment. I. 163. Restrictions. I. 55, 63. Old age. I. 63. Portugal See also : Angola, Cape Verde, Mozambique, St. Thomas and Principe Archives. I. 254. Assisted emigration. I. 14, 123, 188, 192, 349. Charitable assistance. HI. 111. Clandestine migration. I. 98; HI. 38. Continental emigration. I. 356. Contract of transport. I. 196, 201, 210, 224, 226, 227, 228, 230, 238, 243. Consuls. I. 343. Cost of transport. I. 220, 2.34. Courts. HI, 101, 105. Definition. I. 11, 20. Deportation. HI. 69. Education. I. 147. Examination. I. 272; II. 267. Information. I. 142. Insurance. I. 314; HI. 217. Labour. II. 228, 379. Legal incapacity. HI. 117. Lists. I. 277. Maintenance obligations. I. 48. Medical assistance. I. 315. Military service. I. 43, 44. Minority. I. 54. Morals. I. 42. Nationality. HI. 98, 100. Negro slave trade. III. 230. Occupation, profession, trade. II. 413. Official departments. I. 123. Old age. I. 63. Passports. I. 42, 54, 87, 262. Ports. I. 262. Procedure. I. 256. Propaganda. I. 251. Property rights. II. 425. Reeruitment. I. 161, 167, 172, 181. Registration. II. 407. Reimbursement. I. 234, 238, 323. Repatriation. I. 323, 334; II. 325; HI. 67, 71. Resources. I. 63, 68. 374 INDEX BY COUNTRIES Restrictions. I. 34, 42, 43, 44, 48, 54, 60, 63. 68, 72, 74, 78, 92; II. 129; III. 43. Sex. I. 60. Ships. I. 292, 303. Sickness. I. 63, 235. Statistics. I. 26, 30. Status of alien workers. III. 81. Taxes. I. 279. Transport. I. 213, 251, 272, 292, 302. Portugal (Colonies) See also under names of the various Colonies Accommodation. I. 266. Clandestine migration. I. 99. Continental emigration. I. 39, 351, 357. Emigration officers. I. 346. Examination. I. 272. Interpreters. I. 304. Labour. II. 228, 379. Minority. I. 54; II. 91. Occupation, profession, trade. I. 70. Official departments. I. 124. Old age. I. 63. Passports. I. 78. Procedure. I. 173, 256. Protection. II. 349, 388. Recruitment. I. 154, 161-162, 167, 169, 172, 173, 181; II. 212. Registration. II. 408. Repatriation. I. 328; II. 325, 334. Restrictions. I. 39, 54, 63, 65, 70, 78, 93; II. 84, 91, 129. Ships. I. 292, 303-304. Sickness. I. 63, 65. Transport. I. 202, 207, 252, 272, 292, 303-304. Queensland (Australia) Assisted immigration. II. 237. Education. II. 183. Insurance. II. 424. Naturalisation. II. 425. Placing. II. 231. Protection. II. 343, 376. Settlement. II. 357. Race. II. 35. Reunion (France) Definition of an immigrant. II. 9, 13, 14. Examination. II. 262. Labour. II. 221, 378; III. 155. Official departments. II. 159, 160. Protection. II. 385. Recruitment. II. 207, 208. Registration. II. 398, 399. Repatriation. II. 320. Restrictions. II. 55, 90. Rio de Janeiro, State of (Brazil) Settlement. II. 360. Rio Grande do Sul, State of (Brazil) Assisted immigration. II. 369. Official departments. II. 154. Settlements. II. 360. Ruanda^Urundi (Belgian Mandate) Clandestine migration. I. 92. Continental emigration. I. 353. Minority. I. 50. Passports. I. 40, 46, 50, 64, 66, 82, 92, 95, 155, 331. Recruitment. I. 155, 163, 173, 353. Repatriation. I. 331. Resources. I. 66. Restrictions. I. 40, 46, 50, 64, 66, 92. Sickness. I. 64. Supervision. I. 344. Rumania Archives. I. 254. Charitable assistance. III. 16. Collective emigration. I. 73. Consuls. II. 19. Contract of transport. I. 196, 202, 207, 224, 226, 231, 233, 238, 243. Cost of transport. I. 217, 218, 220. Courts. III. 104. Definition of an emigrant. I. 10, 11, 12, 20. Definition of an immigrant. II. 9, 10, 18, 19. Diplomatic and consular agents. II. 19. Embarkation. I. 262. Emigration funds. I. 125. Employment. II. 198. Examination. I. 272. Exchange. I. 249. Exit taxes. I. 279. Health measures. III. 65. Information. I. 143. Insurance. I. 311, 314. Invalidity. I. 63. Labour market. III. 12. Maintenance obligations. I. 48. Medical assistance. I. 272, 315. Military service. I. 45. Minority. I. 54. Morals. I. 42; II. 42. Naturalisation. II. 421. Occupation, profession, trade. II. 84, 129, 412. Official departments. 1.124-125, 343, 11. 167. Old age. I. 63. INDEX BY COUNTRIES Passports. I. 81, 88-89; II. 22, 117; III. 41. Placing. I. 143, 186; II. 234. Propaganda. I. 247. Property rights. II. 424; III. 120. Protection. II. 349. Recruitment. I. 186; II. 198. Registration. II. 408. Repatriation. I. 323. Resources. I. 69; II. 74. Restrictions. I. 34, 42, 45, 48, 54, 61, 63, 65, 69, 72, 78, 93; II. 27, 42, 74, 84, 103, 129. Sex. I. 61, 304. Ships. I. 293, 304. Sickness. I. 63; II. 103. Statistics. I. 25, 26, 30; II. 22. Status of alien workers. III. 94. Transit. I. 366; III. 59. Transport. I. 214, 217, 249, 252, 266, 293, 304. Transport by land. I. 308. Russia (U. S. S. R. and R. S.F. S.R.) Charitable assistance. III. 112. Clandestine migration. II. 135. Courts. III. 105, 193. Establishment. III. 86. Health measures. III. 65. Insurance. III. 195. Negro slave trade. III. 230. Occupation, trade, or profession. II. 84; III. 178, 179. Official departments. II. 167. Option. III. 255. Passports. I. 88; II. 135; III. 44. Protection. II. 349. Restrictions. I. 39; II. 42, 84; III, 91. Right of association. III. 193. Settlement. II. 373. Ships. I. 304-305. Transit. I. 359; III. 60. Transport. I. 304-305; III. 51, 52. Saar Territory Charitable assistance. III. 107, 108. Courts. III. 104. Insurance. III. 198, 203, 214, 221, 228. Taxes. III. 122. St. Helena (British Empire) Labour. II. 224. Recruitment. I. 165, 176, 177. Repatriation. II. 332, 333. 375 St. Lucia (British Empire) Clandestine migration. II. 133, 134. Examination. I. 270. Lists. I. 276. Minority. I. 52. Passports. II. 114. Propaganda. I. 246. Recruitment. I. 157, 158, 165, 176. Repatriation. I. 326; II. 321, 337. Resources. I. 67. Restrictions. I. 38, 52, 67 ; II. 38, 39, 69, 70. Seamen. I. 101. Transit. I. 364. Transport. I. 212, 250. St. Thomas and Principe (Portugal) See also : Portugal (Colonies) Colonial emigration. III. 238. Protection. II. 379, 388. Recruitment. II. 213; III. 156. Repatriation. II. 334, 335. St. Vincent (British Empire) Examination. I. 270. Lists. I. 276. Minority. I. 52. Passports. II. 114. Propaganda. I. 246. Repatriation. I. 326; II. 337. Recruitment. I. 157, 158, 165, 176. Resources. I. 67. Restrictions. I. 38, 52, 67. Transit. I. 364. Transport. I. 212, 250. Salvador Clandestine migration. II. 326. Courts. I. 105. Documents. II. 117. Employment. II. 199. Establishment. III. 86. Morals. II. 42. Nationality. III. 98, 99. Occupation, profession, trade. II. 414; III. 181. Recruitment. III. 161. Registration. II. 409. Repatriation. II. 326. Resources. II. 74. Restrictions. II. 42, 74, 86, 103. Sickness. II. 103. Status of alien workers. III. 80. Taxes. III. 123. Transit. I. 367. 376 INDEX BY COUNTRIES San Marino See also : Italy Charitable assistance. III. 111. Courts. III. 105. Insurance. III. 213, 218. Official organisations. I. 120. Santa Caterina, State of (Brazil) Official departments. II. 154. São Paulo, State of (Brazil) Assisted immigration. II. 238. Charitable assistance. III. 112. Information. II. 176-177. Insurance. III. 203. Labour. II. 218-219 ; III. 189,192. Official departments. II. 153. Placing. II. 232. Protection. II. 344, 383. Recruitment. II. 205. Repatriation. II. 336. Right of association. III. 193. Savings. III. 77. Settlement. II. 362-363. Transport. II. 245-246, 295; III. 52. Saskatchewan (Canada) Colonisation. II. 364. Selangor, Federated Malay States (British Empire) Labour. II. 222-223. Protection. II. 378. Senegal (French West Africa) Clandestine migration. I. 96. Commissioners. I. 113. Recruitment. I. 156, 165, 168. Restrictions. I. 36-37. Transport. I. 156, 165, 199, 250. Serbs, Croats and Slovenes, Kingdom of the Archives. I. 254. Charitable assistance. III. 110. Clandestine migration. I. 99. Contract of transport. I. 196, 202, 207-208, 224, 226, 227, 231, 235, 237, 243-244. Cost of transport. I. 217-218, 218, 220. Courts. III. 105, 192. Decease. I. 316. Definition of an emigrant. I. 10, 11, 21. Definition of an immigrant. II. 9,19. Diplomatic and consular agents. I. 343, 346; III. 124. Education. III. 118. Embarkation. I. 262. Emigration officers. I. 343, 346. Employment. II. 199. Establishment. III. 31, 86. Examination. I. 272. Exchange. I. 249. Hostels. I. 266. Information. I. 143. Insurance. I. 311, 315; III. 201, 203, 206, 207, 216, 218, 221, 222, 228. Labour. II. 228; III. 150-151, 151, 153, 189, 192. Labour market. III. 12. Medical assistance. I. 315. Military service. I. 45. Minority. I. 54. Morals. I. 42. Occupation, profession, trade. III. 178, 180. Official departments. I. 125, 349; II. 168. Passports. I. 42, 45, 48, 54, 81, 82, 89; III. 41, 43. Proceedings. I. 256. Propaganda. I. 247. Property rights. II. 424 ; III, 120. Recruitment. I. 162. Reimbursement. I. 235, 237, 238. Repatriation. I. 321, 323, 334; II. 335. Restrictions. I. 33, 42, 45, 48, 54, 61, 72, 78; II. 43. Right of association. III. 193. Savings. III. 76. Sex. I. 61. Ships. I. 293, 305; III. 48. Statistics. I. 26, 28; II. 22. Status of alien workers. III. 94. Taxes. III. 122. Transit. I. 367; III. 59, 60, 62, 63, 170. 171-174. Transport. I. 217, 252, 293, 305. Seychelles (British Empire) Recruitment. I. 157, 158. Repatriation. I. 326; II. 332. Resources. I. 68. Restrictions. I. 68. Siam Airship, Travel by. II. 277. Clandestine migration. II. 135. Continental immigration. II. 428. Courts. III. 102. Diplomatic and consular agents. II. 129. INDEX BY COUNTRIES Examination. II. 268, 275. Morals. II. 43. Numerical restriction. II. 31. Occupation, profession, trade. III. 181. Official departments. II. 168. Passports. II. 129. Ports. II. 289. Procedure. II. 281. Rejection. II. 309. Repatriation. II. 326. Resources. II. 74. Restrictions. II. 31, 43, 74, 103, 129. Sickness. II. 103. Transit. III. 59. Transport. III. 48. Sierra Leone (British Empire) Clandestine migration. II. 133. Examination. I. 270. Invalidity. I. 62. Lists. I. 275. Maintenance obligations. I. 47. Minority. I. 52. Morals. II. 38, 39. Recruitment. I. 153, 157, 158, 165, 176, 177. Registration. II. 403. Repatriation. II. 321, 322, 334. Restrictions. I. 37, 47, 52, 62; II. 38, 39, 69, 70, 99. Sickness. II. 99. Transit. I. 364. 877 Somaliland (British Empife) Examination. II. 263, 264, 275. Morals. II. 38, 39. Passports. II. 114. Recruitment.. I. 157, 158, 165, 176, 177. Repatriation. II. 321, 322, 334. Restrictions. II. 38, 39, 69, 70, 82, 99, 114, 126. Sickness. II. 99. Transit. I. 364. South Australia (Australia) Assisted immigration. II. 237. Education. II. 182. Property rights. II. 425. Protection. II. 343, 376, 382. Settlement. II. 357. Somali Coast (France) South Africa, Union of See also : South-West Africa {Mandate), Transvaal Assisted immigration. II. 243. Clandestine migration. II. 135. Colonial emigration. III. 238. Education. II. 184. Educational conditions. II. 60. Examination. II. 268. Insurance. III. 206, 217. Labour . III. 156, 158-160, 192. Minority.. I. 54. Morals. II. 43. Occupation, profession, trade. II. 85, 414. Official department. II. 168. Passports. I. 82; II. 117. Permission to immigrate. II. 129. Procedure. II. 282. Race. II. 60; III. 37. Recruitment. I. 163, 167, 169, 182. Rejection. II. 309-310. Repatriation. II. 326; III. 67, 71, 73. Resources. II. 75. Restrictions. I. 54; II. 43, 60, 63, 75, 85, 103, 129. Savings. III. 76. Seamen. II. 141. Sickness. II. 103. Statistics. I. 26; II. 21. Taxes. III. 122. Clandestine migration. I. 96. Commissioners. I. 113. Recruitment. I. 157, 165, 170. Restrictions. I. 37. Seamen. I. 101. Transport. I. 157,165,196, 199, 211, 250. Southern Rhodesia (British Empiie) Colonial emigration. III. 239. Examination. II. 274. Information. II. 179. Insurance. III. 217. Labour. III. 156-158, 192. Solomon Islands (British Empire) Examination. II. 263, 264. Invalidity. I. 62. Lists. I. 275, 276. Maintenance obligations. I. 47. Passports. II. 114. Recruitment. I. 153, 157, 176, 177. Rejection. II. 306. Repatriation. II. 322. Restrictions. I. 47, 62; II. 70, 71, 114. Transport. I. 196, 205, 212. 378 INDEX BY COUNTRIES Morals. II. 38, 39. Official departments. II. 162. Procedure. II. 280. Repatriation. II. 321. Restrictions. II. 38, 39, 69, 82, 99, 100, 126. Savings. III. 76. Settlement. II. 368. Sickness. II. 99, 100. Statistics. II. 20. Taxes. III. 122. South Sea Islands (Japanese Mandate) Clandestine migration. II. 131. Definition of an immigrant. II. 9,11. Examination. II. 257. Labour. II. 216. Minority. II. 89. Morals. II. 33-34. Recruitment. II. 203. Registration. II. 391. Rejection. II. 303. Repatriation. II. 313, 330. Resources. II. 66. Restrictions. II. 33-34, 66, 89, 94-95. Sickness. II. 94-95. South-West Africa (South African Mandate) Educational conditions. II. 62. Examination. II. 257. Labour. II. 217. Morals. II. 34. Procedure. II. 278. Ports. II. 286. Rejection. II. 303. Repatriation. II. 314. Resources. II. 67. Restrietions. II. 34, 62, 67, 95. Seamen. II. 141. Sickness. II. 95. Spain See also : Fernando PÓ Archives. I. 254. Assisted emigration. I. 73, 126, 188, 323-324, 334. Charitable assistance. III. 113. Clandestine migration. I. 99 ; III. 38. Collective emigration. I. 73. Colonial emigration. III. 239, 240. Consuls. I. 343-344, 347, 402. Continental emigration. I. 350, 357. Contract of transport. I. 196, 202203, 224, 226, 227, 228, 231, 233, 235, 238, 244. Cost of transport. I. 218, 222, 223, 224. Courts. III. 104. Definition. I. 10, 11, 21. Deportation. III. 68. Direct transport. I. 317. Education. I. 147. Emigration officers. I. 126-128, 347. Establishment. III. 86. Hostels. I. 267. Information. I. 143-144. Insurance. I. 311-313, 315; III. 207, 215, 218. Labour. 1. 402; III. 157, 168. Labour market. III. 12. Lists of emigrants. 1.277-278. Medical assistance. I. 315. Military service. I. 45, 89, 335, 343344; III. 123. Minority. I. 45, 54-55, 311-312, 403. Nationality. III. 98, 99. Occupation, profession, trade. II. 413; III. 177, 178, 181. Official departments. I. 126-128. Passports. I. 89. Placing. I. 186. Ports. I. 262. Private associations. I. 136, 349. Proceedings. I. 257. Propaganda. I. 143, 247. Protection. I. 305, 343, 349; III. 9, .53. Recruitment. I. 54-55, 154. Registration. II. 409. Rejection. I. 321, 323. Repatriation. I. 321, 323, 334, 402; III. 71. Restrictions. I. 33, 42, 45, 48, 54-55, 61,65,73,75,78,402. Seamen. I. 103, 106. Sex. I. 54-55, 402. Ships. I. 293, 305-306, 334-335 ; III. 48, 53. Sickness. I. 65, 235. Statistics. I. 24, 30. Status of alien workers. III. 82. Taxes. III. 121. Transit. III. 63. Transport. I. 202-203, 208, 214, 244, 247, 252, 257, 293, 296, 305-306, 311, 315 323-324, 334-335. Straits Settlements (British Empire) Assisted immigration. II. 241. Clandestine migration. I. 96 ; II. 133, 134. Colonial emigration. III. 238. Continental immigration. II. 427. Definition of an emigrant. I. 10, 16. Definition of an immigrant. II. 9,15. Embarkation. I. 260. INDEX BY COUNTRIES Examination. I. 270; II. 263, 264, 265, 275. Invalidity. I. 62. Labour. II. 222, 223, 224, 225, 226. Lists. I. 275, 276. Morals. II. 38, 39. Occupation, profession, trade. I. 69. Official departments. II. 162, 163. Passports. I. 84. Ports. II. 288. Protection. II. 378, 386. Recruitment. I. 158, 165, 176, 177; III. 162. Registration. II. 402, 403. Rejection. II. 306, 307. Repatriation. II. 333, 339. Restrictions. I. 37, 62, 69, 72; II. 38, 39, 69, 70, 99, 125, 126. Seamen. I. 101. Statistics. II. 21. Transport. II. 297. Sumatra, East Indies (Netherlands) Labour. II. 226. Protection. II. 388. Repatriation. II. 334. Surinam (Netherlands) Assisted immigration. II. 241. Colonial emigration. III. 238. Definition of an immigrant. II. 9, 16. Labour. II. 227. Occupation, profession, trade. II. 413. Official departments. II. 165. Passports. I. 79; II. 105. Protection. II. 378, 388. Recruitment. II. 211. Registration. II. 406. Repatriation. II. 334. Settlement. II, 370. Transport. II. 298. Syria and Lebanon (French Mandate) Cost of transport. I. 218. Definition. I. 10, 11, 12. Embarkation. I. 260. Establishment. III. 246. Frontier traffic. III. 259. Official departments. I. 110. Passports. I. 66, 82, 249, 258. Proceedings. I. 258. Resources. I. 66, 82. Restrictions. I. 66. Ships. I. 286. Transport. I. 196, 204, 209, 249, 258, 286. 379 Sweden Assisted emigration. I. 192. Charitable assistance. III. 16. 109, 113. Clandestine migration. I. 95. Contract of transport. I. 196, 203, 204, 208, 226, 227, 231, 236, 244, 262. Consuls. I. 128, 244, 344. Cost of transport. I. 222. Courts. III. 102, 103. Definition. I. 11, 21-22. Direct transport. I. 317. Embarkation. I. 262. Emigration conferences. III. 12. Employment. II. 200. Establishment. III. 31. Examination. I. 272. Frontier traffic. III. 260. Information. I. 144. Insurance. III. 195, 206, 207, 210, 211, 212, 216, 217, 218, 225. Legal incapacity. III. 114, 116, 117. Lists. I. 278. Maintenance, obligations. I. 48-49. Military service. I. 43, 45. Morals. II. 43. Nationality. III. 98, 99, 100. Negro slave trade. III. 230, 231. Occupation, profession, trade. II. 412, 413; III. 177. Official departments. I. 128; II. 169. Passports. I. 81; II. 118; III. 43. Placing. I. 186; II. 234. Private associations. I. 136. Procedure. I. 257; II. 282. Property rights. II. 424. Recruitment. I. 162. Registration. II. 409. Reimbursement. I. 235. Rejection. II. 310. Repatriation. I. 326; II. 326. Restrictions. I. 34, 43, 45, 48 ; II. 43, 85; III. 43. Seamen. I. 103-107; II. 139. Ships. I. 293, 306. Statistics. I. 28. Status of alien workers. III. 80, 81, 84. Transit. I. 367; III. 58, 60. Transport. I. 203, 214, 293, 306. Switzerland Archives. I. 254. Assisted emigration. I. 75, 187, 192. Charitable assistance. III. 16, 109, 111. Clandestine migration. II. 135. Colonial emigration. III. 240, 242, 380 INDEX BY COUNTRIES Continental migration. I. 357. Contract of transport. I. 196, 203, 204,208, 224, 226, 227, 232,236,244. Consuls. I. 128, 344. Cost of transport. I. 218. 220, 222. Courts. III. 103, 104, 1Ó5. Decease. I. 316. Definition. 1.10,11,22. Deportation. III. 66, 67, 68. Education. III. 117, 118. Embarkation. I. 273. Emigration officers. I. 347. Employment. II. 86. Establishment. III. 31, 39, 86. Exchange. I. 249. Frontier traffic. III. 258, 260. Information. I. 144; II. 180. Insurance. I. 313, 315; III. 225. Labour. III. 154. Legal incapacity. III. 114, 115, 116, 117. Lists. I. 278. Maintenance obligations. I. 49. Medical assistance. I. 316. Military service. I. 45; III. 123. Minority. I. 55. Occupation, profession, trade. II. 86; III. 177, 178, 179. Official departments. I. 128, 347; II. 169. Old age. I. 63. Passports. II. 118; III. 43. Placing. I. 136, 144, 187. Private associations. I. 136, 349. Proceedings. 1.257. Propaganda. I. 247. Property rights. III. 121. Recruitment. I. 162, 183; III. 163. Registration. II. 410. Reimbursement. I. 236. Rejection. III. 66. Repatriated persons. I. 337. Repatriation. I. 335; II. 327, 339. Resources. I. 69. Restrictions. I. 34, 45, 49, 55, 61, 63, 69, 73, 75, 93; II. 86, 129; III. 30. Sex. I. 61. Ships. I. 294, 306. Sickness. I. 63. Status of alien workers. III. 83. Taxes. III. 122. Transit. I. 367; III. 59, 60. Transport. I. 214, 252, 273, 294, 306. Transport by land. I. 308. Tanganyika (British Mandate) Definition of an immigrant. II. 11. Examination. II. 256, 273. Minority. I. 50. Morals. II. 33. Official departments. II. 148. Passports. I. 50; II. 109. Permit to immigrate. II. 123. Ports. II. 286. Procedure. II. 278. Recruitment. I. 152. 155, 164, 167, 174. Rejection. II. 303. Repatriation. I. 325; II. 313. Resourees. II. 66. Restrictions. I. 50, 57; II. 33, 66, 94, 123. Sex. I. 57. Sickness. II. 94. Tasmania (Australia) Colonisation. II. 357, 376. Togo (French Mandate) Examination. II. 257, 273. Passports. II. 109. Recruitment. I. 155, 164, 168. Registration. II. 390. Rejection. II. 303. Repatriation. II. 313, 335, 338. Transport. I. 197. Tonquin, Indo-China (France) Race. II. 55, 143. Registration. II. 400. Repatriation. II. 332, 338. Restrictions. II. 55. Seamen. II. 143. Transjordan (British Mandate) Morals. II. 33. Rejection. II. 303. Repatriation. II. 313. Restrictions. II. 33. Transvaal (South Africa) Labour. III. 158. Trinidad and Tobago (British Empire) Clandestine migration. I. 97. Examination. II. 265. Labour. II. 222, 224, 225. Minority. I. 52. Official'departments. II. 162, 164. Passports. II. 114. Protection. II. 379, 387. INDEX BY COUNTRIES Recruitment. I. 157, 165, 176, 177; II. 210. Registration. II. 403. Rejection. II. 306. Repatriation. II. 332, 333. Restrictions. I. 52, 97. Seamen. I. 101. Transport. II. 298. Tripolitania (Italy) Settlement. II. 369. Tunis (France) Colonial emigration. III. 239. Education. III. 119. Examination. II. 285. Information. II. 175, 179. Offlcial organisations. II. 160. Placing. II. 233. Recruitment. I. 171 ; III. 168. Registration. II. 397. Sickness. II. 285. Transport. I. 199. Turkey Charitable assistance. III. 111. Courts. III. 101, 104, 105. Deportation. III. 68. Establishment. III. 86, 248. Exchange of populations. III. 255, 256. Frontier traffic. III. 257, 259. Morals. II. 43. Nationality. III. 98. Negro slave trade. III. 231. Occupation, profession, trade. III. 178. Official departments. II. 169. Option. III. 254-255. Property rights. III. 120. Protection. II. 349-350. Race. II. 60, 130; III. 31. Registration. II. 410. Restrictions. II. 43, 60, 104, 130, 379; III. 30, 91. Sickness. II. 104. Status of alien workers. III. 91. Uganda (British Empire) Examination. II. 264. Morals. II. 38, 39. Recruitment. I. 157, 165, 176, 177. Repatriation. II. 321, 322. 381 Restrictions. II. 38, 39, 69, 99, 100, 126. Sickness. II. 99, 100. Transit. I. 364. United States See also Philippines^ Porto Rico^ Hawßii and the different states : Arizona, Massachusetts, Nevada, New York, Ohio, Oregon, Washington Airship, travel by. II. 277. Assisted immigration. II. 45. Charitable assistance. III. 16. Clandestine migration. II. 135; III. 38. Consuls. III. 124. Continental migration. II. 428. Courts. III. 105. Definition of an emigrant. I. 11, 22. Definition of an immigrant. II. 8, 10, 19. Education. III. 118. Educational conditions. II. 63. Employment. II. 200. Entry. III. 33. Establishment. IIÏ. 86, 87, 248. Examination. II. 254, 268-272, 276; III. 46. Frontier traffic. III. 260. Information. II. 213, 379. Insurance. III. 216, 218. Labour. II. 86-87, 229. Lists. I. 278. Military service. III. 123. Minority. II. 92. Morals. II. 43. Nationality. III. 99. Naturalisation. II. 416, 417, 418, 419; III. 98. Negro slave trade. III. 230. Numerical restriction. II. 28, 31, 47. Occupation, profession, trade. II. 60, 78, 86-87; III. 177. Official departments. I. 128; II. 145, 170. Passports. I. 79; II. 113. Ports. II. 289. Procedure. II. 282-283. Property rights. II. 424. Quota immigrants. II. 28, 31, 118. Race. II. 47, 60; III. 33, 36. Recruitment. II. 213; III. 160, 161. Registration. II. 410. Rejection. II. 310. Repatriation. II. 327-328, 337, 339. Resources. II. 75. Restrictions. I. 62; II. 28, 31, 43-44, 45, 47, 60, 63, 75, 78, 86 87, 92.104; III. 10, 30. 382 INDEX BY COUNTRIES Seamen. II. 142, 143. Settlement. II. 379-380. Sex. I. 62; II. 43. Sickness. II. 104. Statistics. I. 24. 25, 26, 111 ; II. 21. Taxes. II. 75, 118, 276, 291. Transit. I. 367; III. 59, 61. Transport. II. 248, 299. Uruguay Aged persons. II. 92. Clandestine migration. II. 136; III. 38 Courts. III. 105. Definition of an emigrant. I. 10, 11, 22. Definition of an immigrant. II. 8, 9, 20. Employment. II. 200. Examination. II. 272. Health measures. III. 65. Information. II. 180. Morals. II. 44. Nationality. III. 99. Negro slave trade. III. 230. Occupation, profession, trade. II. 44, 87; III. 3. Official departments. II. 171. Passports. I. 79, 80, 81 ; II. 105, 119. Placing. II. 234. Protection. II. 350. Race. II. 61. Recruitment. II. 213. Rejection. II. 311. Resources. II. 75. Restrictions. II. 26, 44, 61, 75, 87. 92, 104. Sickness. II. 104. Statistics. II. 23. Transport. II. 300. Venezuela Assisted immigration. II. 243. Definition of an immigrant. II. 8, 9, 20. Examination. II. 272. Information. II. 180. Labour. II. 231. Minority. II. 92. Morals. II. 44. Nationality. III. 98. Naturalisation. II. 417, 418. Negro slave trade. III. 230. Obligations. II. 422. Official departments. II. 171. Passports. II. 105, 119. Placing. II. 234. Procedure. II. 283, 381. Protection. II. 350. Race. II. 61. Recruitment. II. 213. Registration. II. 411. Rejection. II. 283. Repatriation. II. 328. Resources. II. 76. Restrictions. II. 26, 44, 61, 76, 92, 104, 130. Settlement. II. 373. Sex. II. 92. Sickness. II. 104. Transit. I. 368. Transport. II. 300. Victoria (Austraiia) Placing. II. 231. Protection. II. 376. Settlement. II. 356, 357. Washington, State of (United States) Employment. II. 200. West Coast of Sumatra See : Sumatra Western Australia (Australia) Education. II. 182. Placing. II. 231. Property rights. II. 425. Protection. II. 376. Settlement. II. 356, 357, 376. Western Samoa (New Zealand Mandate) Assisted immigration. II. 236. Examination. II. 257. Labour. II. 216, 375. Morals. II. 34. Official departments. II. 148. Passports. II. 109. Race. II. 48. Recruitment. II. 204. Registration. II. 391. Repatriation. II. 314, 330. Resources. II. 66. Restrictions. II. 34, 48, 66, 95. Sickness. II. 95. INDEX BY COUNTRIES West Indies (Netherlands) Colonial emigration. III. 238. Windward Islands See also : Orenada^ St. Vincent, St. Lucia Examination. I. 270. Lists. I. 275, 276. Propaganda. I. 250. Recruitment. I. 157, 165. Repatriation. II. 337. Restrictions. I. 38; II. 39. Transit. I. 364. Transport. II. 212, 250. 383 Yukon, Territory of the (Canada) Settlement. II. 364. Zanzibar (British Empire) Clandestine migration. II. 134. Examination. II. 263. Morals. 38, 39. Official departments. II. 163. Recruitment. I. 153, 176. Repatriation. II. 321, 322. Restrictions. II. 38, 39, 69, 70, 82, 99, 100. Sickness. II. 99, 100. Transit. I. 364. Publications of the International Labour Office 1. INTERNATIONAL LABOUR REVIEW (Monthly). Article» on industrial affairs; wage and unemployment statietios, etc. Price per number 2s. 6d., 60 cents. Annual subscription 24s., S6 2. INDUSTRIAL AND LABOUR INFORMATION (Weekly). Ciurent events affecting industry and labour and the work ol the International Labour Organisation. Price per number 8d., 15 cents. Annual subscription 30s., 87.50 3. OFFICIAL BULLETIN (At Irregular Intervals). Official information on matters connected with the life and work of the International Labour Organisation. Annual subscription 5s., 81 4. *LEGISLATIVE SERIES. 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