Finanzwissenschaft

Bibliographic data

Monograph

Identifikator:: 1746729937

URN:: urn:nbn:de:zbw-retromon-119900

Document type:: Monograph

Author:: Földes, Béla http://d-nb.info/gnd/119338211

Title:: Finanzwissenschaft

Edition:: 2., neubearbeitete Auflage

Place of publication:: Jena

Publisher:: G. Fischer

Year of publication:: 1927

Scope:: XIV, 683 S.

Digitisation:: 2021

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Viertes Buch. Die Staatseinnahmen

Collection:: Economics Books

1106 ADMINISTRATION AND LEGISLATION [part V operation of treaties which were concluded at a time when responsible government was not known.! The question of the relation of the Imperial and Colonial Governments with regard to the interpretation and the enforcement of treaties was raised in 1886 in connexion with the discussion of the rights of the American fishermen in Canadian waters. In a note of May 10, 1886,% addressed to Sir Lionel West, Mr. Bayard, in discussing the question, wrote, * The Treaty of 1818 is between two nations, the United States of America and Great Britain, who, as the contracting parties, can alone apply authoritative interpretation thereto or enforce its provisions by appropriate legislation.” He went on to urge that the seizure of certain vessels by the Canadian authorities “would appear to have been made under a supposed delega- tion of jurisdiction by the Imperial Government of Great Britain, and to be intended to include authority to interpret and enforce the provisions of 1818, to which, as I have remarked, the United States and Great Britain are the contracting parties, who can alone deal responsibly with questions arising thereunder’. In a dispatch of July 23, 18863 to Sir Lionel West, which was communicated on August 2 to Mr. Bayard, Lord Rosebery communicated to the United States Government a report of the Privy Council of Canada on the question. In that report it was pointed out that the authority of the Legislatures of the Provinces, and, after federation, of the Parliament of Canada, to make enact- ments to enforce the provisions of the Convention, rested on well-known constitutional principles. The Legislatures existed, as did the Parliament of Canada, by the authority of the Parliament of the United Kingdom of Great Britain and Ireland, and the Colonial statutes had received the sanc- tion of the British sovereign, who, and not the nation, was actually the party with whom the United States made the Convention. The officers who were engaged in enforcing the Acts of Canada or the laws of the Empire were Her Majesty’s Cf. Xeith, State Succession, p. 21 ; Westlake, International Law, i. 67. Parl. Pap., C. 4937, p. 37. 3 Thid., p. 85.

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