The International Status of the Grand Duchy of Luxemburg And the Kingdom of Belgium in Relation to the Present European War

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Nys, he Droit International I, 4^9. Also Rivier, Principes du Droit des Gens I, 116, and Merignac op. cit. II, 59.
— ^12 — Now coming to the treaty of 1870, which is adduced by the friends of Germany as evidence as to the alleged obsolescence of the Conven- tion of 1839, one can only refer them to a careful reading of that treaty, which speaks for itself.
In fact not only the context of that treaty or treaties of that date concluded for the maintenance of Belgian neutrality, but also the diplom
...atic history of that time show clearly that the contracting par- ties to those instruments far from considering the treaty of 1839 as obsolete, have on the contrary distinctly affirmed that the former were concluded for the maintenance of the latter.
Two separate and identical treaties were concluded in 1870, the one between Great Britain and France and the other between Great Brit- ain and Prussia. The preamble of both these instruments runs as follows : "Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Prussia (or the Emperor of the French, as the case might be) being desirous at the present time of recording in a solemn act their fixed determination to main- tain the Independence and Neutrality of Belgium, as provided in Article VII of the Treaty signed at London on the 19th of April, 1839, between Belgium and the Netherlands, which Article was de- clared by the Quintuple Treaty of 1839 to be considered as having the same force and value as if textually inserted in the said Quintuple Treaty, their said Majesties have determined to conclude between themselves a separate Treaty which without impairing and invalidat- ing the conditions of the said Quintuple Treaty shall be subsidiary and accessory."^^ There can certainly not be plainer language than this.


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