Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

992 THE FEDERATIONS AND THE UN.ON [PART It § 8. TREATIES AND NATURALIZATION It is expressly provided by the Constitution that the Union shall become responsible for any treaties binding on the pro- vinces before unification,! and the agreement of February 2, 1909, between the Cape, Natal, and the Transvaal as to railway traffic is treated as a treaty. Under the Commonwealth Constitution there is no corre- sponding provision. It has been held by the Commonwealth Government, though the argument has not been accepted, and could not be accepted, by the Imperial Government, that all treaties binding on the states of the Commonwealth before federation ceased ipso facto to be binding at all by federation. This argument, which is based on the analogy of independent states, and is invalid in the case of parts of one Empire, has not been accepted by the Imperial Govern- ment, and in practice the Government of the Commonwealth has accepted the position that it remains bound in respect of the Colonies affected by treaties concluded before federa- tion. In the case of Canada, the matter was settled once and for all by the British North America Act, s. 132 of which provides that the Parliament and Government of Canada shall have all powers necessary or proper for performing the obligations of Canada, or of any provinces thereof, as part of the British Empire towards foreign countries, arising under treaties between the Empire and such foreign countries. Though this section does not expressly state that the treaties which affected the Colonies before federation shall be binding on Canada in respect of provinces so affected after federation, it has no meaning except on this understanding, and the Canadian Government have accepted the position that they ‘8. 148, * See Parl. Pap., Cd. 3826, p. 6; Cd. 4355, p. 12. The Navigation Bill as actually introduced into the Senate accepted liability (s. 414) for all treaties binding on any state so far as that state was concerned, and the validity of the Queensland adherence to the Japanese treaty of 1894 was recognized by notice being given of the termination of that adherence.

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