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Extract
[Being the fourth part of a series of Studies on the Eastern Question. The preceding parts appeared in the January, April and July numbers of the Jouranl. for 1911.]
Since the publication of our last article, the political independence of Bulgaria has been juridically established from the constitutional point of view.
As we have already seen, the Bulgarian diplomatic and governmental situation had been developed in fact, without ever having been theoretically or diplomatically discussed. This is natural. The Bulgarian Government took great care not to raise that question, contenting itself from the internal point of view with Art. 17, of the Constitution of Tirnovo, which gave to the Prince, in general, the conduct of diplomatic negotiations. It might have been contended that Bulgaria, which was a vassal state, had no absolute right to make purely political treaties; and it is doubtful that King Ferdinand, before the establishment of Bulgarian independence, had ever entered into any written political treaties. Moreover, if he had, it would have raised an internal constitutional question; for, in such case, it would have been incumbent upon him to refer the matter to the Sobranjé.
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- Copyright © American Society of International Law 1912
Footnotes
*
Translated by courtesy of Dr. Theodore Henckels, of Washington, D. C.
References
1 Yellow Book, Protocol No. 5, p. 99.
2 See, for example, Article 20 of the Franco-Bulgarian convention of 1906; Article 16 of the convention of December, 1896, with Austria, etc.
3 Treaty of Berlin, Art. XX.
4 See Art. 197 of the organic statute : “There is no customs tariff between Eastern Rumelia and the rest of the provinces of the empire. In consequence, the products of Eastern Rumelia and merchandise imported into it have free access to and circulate unrestricted in the rest of the provinces, and, reciprocally, the products of the rest of the provinces and merchandise imported into them have free access to and circulate unrestricted in Eastern Rumelia.” Article 196 drew a deduction from this unity of customs area : “Customs tariffs are levied by the administration of the domains of the province, according to the treaties and according to the tariffs in force in the empire.”
5 Art. XXXVII of the treaty.
6 Art. VIII.
7 Art. XLVIII.
8 Organic Statute, Chapter I, Art. 16: “Eastern Rumelia contributes to the general expenses of the Empire in the proportion of three-tenths of her revenues, not counting those reserved to the Empire.” Art. 17: “The customs and the poet and telegraph revenues of the Province are reserved to the Empire. The financial administration of the Province forwards the net balance thereof to the Imperial Government according to the dispositions of the. present statute and according to the rules and regulations annexed thereto.”
9 Organie Statute, Chapter VIII, Art. 195: “The equivalent of the net annual balance of the customs revenues, appraised at the fixed sum of 5,000 Turkish pounds, is due the Imperial Government.”
10 Turko-Bulgarian protocol, Art. 3.
11 This, in virtue of Article 198 of the Organic Statute, which reads as follows : “By way of compensation regarding post and telegraph revenues, it is agreed as follows: 1st, the Imperial Ottoman Government furnishes to the Government of the Province the quantity of special postage-stamps necessary to the postal service of the Province; 2nd, half of the amount derived from the sale of said postage-stamps is to be paid over to the central government; 3rd, the other half accrues to the Province to cover the expenses of the post and telegraph administration, said expenses being borne by the Province; 4th, a special set of books is to be kept for recording the receipts deriving from the international telegraphic correspondence. This category of receipts are to be turned over by the general government to the Imperial telegraph administration in conformity with the existing laws.”
12 Turko-Bulgarian protocol, Art. 5.
13 Turko-Bulgarian protocol, Art. 4.
14 See dispositions in the Organic Statute regarding the lighthouse company. Art. 199: “An official of the lighthouse company is attached to the Sanitary Service at Bourgas to levy the lighthouse tolls in conformity with the existing tariffs, and in accordance with the rules and regulations in force.” Art. 200: “The expenses for installing and maintaining the lighthouses are incurred by the concessionary company.” Art. 201: “If the necessity for new lighthouses along the shores of Eastern Rumelia is clearly shown, they shall be erected after a preliminary agreement with the Province.”
15 Bulgarian Railways, 1910.
16 The Bulgarian Government was never inclined to admit that it was in any way indebted to the company under this claim.