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The International Mixed Court of Tangier

Published online by Cambridge University Press:  06 June 2017

Manley O. Hudson
Manley O. Hudson*
Affiliation:
Harvard Law School
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Extract

The inauguration of the mixed court of tangier on june 1, 1925, marked the beginning of a new experiment in international cooperation for the administration of justice. While it is perhaps too early for any definite conclusions to be drawn as to the success and significance of this experiment, enough time may have elapsed for some useful study to be made of it and possibly for some forecast of its future.

Type
Research Article
Information
American Journal of International Law , Volume 21 , Issue 2 , April 1927 , pp. 231 - 237
Copyright
Copyright © American Society of International Law 1927

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References

1 Harris, Walter B., Tangier and Internationalisation, in the Journal of the British Institute of International Affairs(November, 1923.)Google Scholar.

2 An excellent collection of treaties relating to Morocco and Tangier has recently been published: Riviére TraitSs, Codes et Lois du Maroc, published by La Sociétédu Recueil Sirey, Paris, Crook, John R., Contemporary Practice of the United States, I. See also Goulein, Traite d'Economie el de Legislation Marocaines 155,Paris, 1921. (1924)Google Scholar,

3 For an English text, see United States Foreign Relations, 1906, pp. 1495-1513; also Supplement to this Journal , Vol. I , pp. 47-78.

4 See League of Nations Treaty Series, No. 729; British Treaty Series,No. 23 (1924). The reservations made by the Spanish representative at the time of signing were withdrawn onFebruary 7, 1924.

5 Up to November 1, 1926, Sweden's accession was conditional.

6 Articles 141, et seq., of the Treaty of Versailles; Articles 96, et seg., of the Treaty of Saint Germain-en-Laye; Articles 80, et seq., of the Treaty of Trianon. Cf., Article 29 ofthe Peace Treaty of Lausanne, of July 24, 1923.

7 If the Shereefian Government which had ratified the Act of Algecirasmay not be taken to have been represented in drawing up the convention of December 18, 1923—the Treaty of Fe of March 30,1912, gave France control of the foreign affairs of the Shereefian Empire— then the promulgation of the various dahirs for putting the new convention into effect, may be said to have constituted a kind of factual acquiescence in the new convention.

8 The system of protection of various natives as if they were nationals of foreign Powers was regulated by the Madrid convention of July 3,1880, but it must have been abused even since that date.

9 Negotiations in 1916 looking toward the abrogation of the capitulations in the French Zone by the United States proved abortive.

10 The annual salary of a titular member was originally 30,000 Moroccan francs, but this amount has been more than doubled, owing to the prevailing high prices.

11 Judge Lacambra, of the Spanish Court of Tetuan, acted during the period of organization of the Mixed Court.

12 A collection of the organic codes and texts of the Zone of Tangier was published in French by the Government of the French Protectorate at Rabat in 1925; and in Spanish by the Spanish Government at Madrid in 1925.

13 SeeRectenwald, “Notessur le Tribunal Mixte Immobilier de Tunisie,” Revue Algerienne, Tunisienne et Marocaine de Legislation et de Jurisprudence, June-July, 1922-1923.

14 See, however, Art. 9 of the convention.

15 See No. 81 (January, 1926), p. 21 and No. 83 (May, 1926), p. 67.

16 of which eight numbers appeared prior to November 1, 1926.