711.659/6
The Secretary of State to the Chargé in Italy (Gunther)
Sir: The Department has received your despatch No. 794 dated October 13, 1923, in which you report concerning certain Italian authorities that were cited in an article appearing in the Columbia Law Review regarding the extent of territorial jurisdiction claimed by Italy in respect to the enforcement of its customs and neutrality laws. You state that “it is necessary to discriminate between the extent of territorial jurisdiction for (1) customs purposes, and (2) for purposes of protecting the safety and sovereignty of the nation.” You further state that “for purposes of protection to the national safety and sovereignty, Italy claims, at least in theory, a jurisdiction in accordance with the Hague Convention of October 18, 1907. This Convention has not yet been ratified by Italy but has been actually applied. It is to be observed that in all Italian decrees and laws relating to the subject matter of this Convention, mention has been specifically made of the fact that Italy has not ratified it.”
A careful examination has been made of the Convention concluded between the several governments at The Hague on October 18, 1907, and it has not been possible to determine definitely to which [Page 211] treaty you refer as the basis of the position adopted by the Italian Government with respect to the extent of its territorial jurisdiction for the purposes of protection to the national safety and sovereignty.
It is possible that the Italian Government has interpreted The Hague Convention of October 18, 1907, concerning the Eights and Duties of Neutral Powers in Naval War61 as granting the power to determine the extent of territorial jurisdiction, and has applied the interpretation to its territorial limits. However, as this Convention does not appear to contain any provision that might be susceptible to an interpretation of this nature, you are instructed to endeavor to ascertain the exact title of the Convention referred to in your despatch in this connection. You will submit a report stating the result of your endeavors in the matter.62
I am [etc.]
- Foreign Relations, 1907, pt. 1, p. 1239.↩
- On Jan. 26, 1924, the Chargé reported that the lawyer whose investigations had been embodied in the Embassy’s despatch of Oct. 13 was unable to answer the Department’s inquiry and that all efforts to identify the convention in question had been unavailing (file no. 711.659/10).↩