cHAP. 111] THE UNION OF SOUTH AFRICA 993
are bound in respect of any treaties which were binding on
the Colonies before federation so far as regards such Colonies
a8 were bound.
It was therefore held that the Commercial Treaties of 1862
with Belgium, and of 1865 with the North German Con-
tederation, bound Canada and prevented her giving pre-
terential treatment to Great Britain, with the result that
these treaties were in due course denounced after discussion
of their provisions at the Colonial Conference of 1897.1
It may be taken, therefore, as clear that the obligations
of the Union in respect of the treaties will apply only with
regard to the provinces which as Colonies were actually
bound by the treaties. It is indeed obvious that though the
Imperial Act might extend the obligation of the treaties over
the whole Union, the advantages of the treaties could not
be claimed by virtue of an Imperial Act without the consent
of all the Powers with which treaties existed.
In the case of the Union, as the Parliament of the Union
has a paramount legislative’ power on every subject, no
difficulties could arise, and the Union will no doubt not
consult the Provincial Councils or the Governments in any
way in deciding whether to adhere to any given treaty or
not.2
The Union will also take its place beside Canada and
Australia as being entitled to voting power at international
conferences on subjects not political. It has already adhered
as a whole to the Radio-Telegraphic Convention and the
Convention against the use of white phosphorus in matches.
Already under the Wireless Telegraphy Convention one vote
is assigned to the Colonies adhering (excluding Orange River
Colony), and at the last Postal Conference the Cape vote
was really exercised on behalf of the Colonies collectively.
It is expressly provided by s. 138 of the Act that all
* See Parl. Pap., C. 7553, pp. 53 seq. ; Cd. 1630. The treaties were con-
cluded before federation and before the admission to federation of the later
acquired provinces.
* For the cages of Canada and the Commonwealth, see below, Part V,
chap. v. * Cf. The Government of South Africa, i. 220.
19792
