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The Passing of Extraterritoriality in Siam

Published online by Cambridge University Press:  04 May 2017

Francis Bowes Sayre
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Extract

As a result of the expansion of Western trade during the nineteenth century following the industrial revolution, Western nations, ever eager for the coveted trade of the Orient, and stimulated by the need of finding new markets for their accumulating exports, pushed their insistent way into the Far East with new determination. There followed a series of treaties with Eastern potentates opening up new trading areas and clothing Western merchants with extraterritorial rights roughly similar to those enjoyed by foreigners under the Turkish Capitulations. Thus was born in the Orient the régime of extraterritoriality which in three quarters of a century was destined to become the focus of increasing disturbance and unrest in the Far Eastern world.

Type
Research Article
Information
American Journal of International Law , Volume 22 , Issue 1 , January 1928 , pp. 70 - 88
Copyright
Copyright © American Society of International Law 1928

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References

1 British and Foreign State Papers, Vol. 46, p. 138.

2 British and Foreign State Papers, Vol. 23, p. 1153.

3 Article VII.

4 Article I of the treaty of April 18, 1855

5 Article IV.

6 Article IV.

7 Similarly, the treaty of March 20,1833, with the United States had provided (Article IX)that “merchants of the United States trading in the Kingdom of Siam shall respect and follow the laws and customs of the country in all points.”

8 Article II.

9 Article VIII.

10 British and Foreign State Papers, Vol. 46, p. 146. Article II of the supplementary agreement of 1856, explaining the meaning of Article II of the treaty of 1855, stipulated “ that all criminal cases in which both parties are British subjects, or in which the defendant is a British subject, shall be tried and determined by the British Consul alone. All criminal cases in which both parties are Siamese or in which the defendant is a Siamese, shall be tried and determined by the Siamese authorities alone.

“ That all civil cases in which both parties are British subjects or in which the defendant is a British subject, shall be heard and determined by the British Consul alone. All civil cases in which both parties are Siamese, or in which the defendant is a Siamese, shall be heard and determined by the Siamese authorities alone .“ British subjects, their persons, houses, premises, land, ships or property of any kind,shall not be seized, injured, or in any way interfered with by the Siamese.”

11 British and Foreign State Papers, Vol. 46, p. 383.

12 Ibid., Vol. 47, p. 993.

13 Ibid., Vol. 50, p. 1073.

14 British and Foreign State Papers, Vol. 72, p. 109.

15 Ibid., Vol. 58, p. 262.

16 Ibid., Vol. 53, p. 741.

17 Ibid., Vol 69, p.

18 Ibid., Vol. 59, p. 405

19 Ibid., Vol. 60, pp. 773, 783.

20 Ibid., Vol. 61, p. 1308

21 Ibid., Vol. 61,

22 Article II.

23 Article VI.

24 Article IX. See also the explanatory declaration of Dec. 10,1868. British and Foreign State Papers, Vol. 60, p. 783.

25 British and Foreign State Papers, Vol. 91, p. 101. It was agreed that registration should be confined to the following categories of persons:

“ 1. All British natural born or naturalized subjects other than those of Asiatic descent.

“ 2. All children and grandchildren born in Siam of persons entitled to be registered undern the first category, who are entitled to the status of British subjects in contemplation of English law. Neither greatgrandchildren nor illegitimate children born in Siam of persons mentioned in the first category are entitled to be registered.

“ 3. All persons of Asiatic descent, born within the Queen's dominions, or naturalized within the United Kingdom, or bom within the territory of any Prince or State in India under the suzerainty of or in alliance with the Queen; except natives of Upper Burma or the British Shan States who became domiciled in Siam before January 1st, 1886.

“ 4. All children born in Siam of persons entitled to be registered under the third category.No grandchildren bom in Siam of persons mentioned in the third category are entitled to be registered for protection in Siam.

“ 5. The wives and widows of any persons who are entitled to be registered under the foregoing categories.”

26 Articles 10 and 11 of Franco-Siamese Treatyof 1904. See British and Foreign State Papers, Vol. 97, p. 961.

27 Article I of Danish treaty of March 24, 1905. British and Foreign State Papers, Vol.101, p. 289.

28 Article I of Italian treaty of April 8, 1905. British and Foreign State Papers, Vol. 101,p. 409.

29 British and Foreign State Papers, Vol. 74, p. 78. Many of the provisions of this treaty were taken from the treaty of January 14,1874, between Siam and the Government of India.See British and Foreign State Papers, Vol. 66, p. 537.

30 Extended to Muang Nan and Phre by exchanges of notes dated December 31,1884, and January 10,1885, and to Muang Than, Raheng, Sawankalok, Sukothai, U tar adit and Fichai by notes dated September 29, October 28,1896. British and Foreign State Papers, Vol. 88,pp. 33-35.

31 Article V of British treaty of 1909. British and Foreign State Papers, Vol. 102, p. 127.

32 British and Foreign State Papers, Vol. 97, p. 961.

33 Article VI (b). British and Foreign State Papers, Vol. 101, p. 289.

34 Article III, subsect. 3. British and Foreign State Papers, Vol. 101, p. 409.

35 British and Foreign State Papers, Vol. 90, pp. 66, 70.

36 Ibid., Vol. 92, p. 109.

37 See, for instance, British treaty of 1855, Art. IV.

38 British and Foreign State Papers, Vol. 100, p. 1028.

39 Article VI.

40 I.e., the Penal Code, the Civil and Commercial Codes, the Codes of Procedure, and the Law for Organization of Courts.

41 Art. VII.

42 Clause V.

43 Clause IV.

44 British and Foreign State Papers, Vol. 102, p. 126.

45 Article V; Annex II, sec. 3.

46 Article VII.

47 Article VI.

48 British and Foreign State Papers, Vol. 107, p. 750.

49 U. S. Treaty Series, No. 655; British and Foreign State Papers, Vol. 113, p. 1168; Am.Jour. Int. Law, Vol. 16, Supp. p. 25.

50 Article VI.

51 Procol, Article I.

52 League of Nations, Treaty Series, Vol. 31, p. 187, Reg. No. 795.

53 Article II.

54 The dates of the signatures and ratifications of the Treaties restoring autonomy to Siam are as follows: United States treaty, signed December 16,1920, ratifications exchanged,September 1,1921; Japanese treaty, signed March 10,1924, ratifications exchanged, December 22,1924; French treaty, signed February 14,1925, ratifications exchanged, January 12,1926;Netherlands treaty, signed June 8, 1925, ratifications exchanged, August 24, 1926; British general treaty and treaty of commerce and navigation, signed July 14, 1925, ratifications exchanged March 30, 1926; Spanish treaty, signed August 3,1925, ratifications exchanged,July 28, 1926; Portuguese treaty, signed August 14,1925, ratifications exchanged July 31,1926; Danish treaty, signed September 1, 1925, ratifications exchanged, March 13, 1926;Swedish treaty, signed December 19,1925, ratifications exchanged, October 25, 1926;Italian treaty, signed May 9,1926, ratifications exchanged March 18, 1927; Belgian treaty,signed July 13, 1926, ratifications exchanged, March 25,1927; Norwegian treaty, signed July 16, 1926, ratifications exchanged, February 9, 1927.

The registration numbers and the citations in the League of Nations Treaty Series are as follows: Japanese treaty, Reg. No. 795, Treaty Series, Vol. 31, p. 187; French treaty, Reg.No. 1055, Treaty Series, Vol. 43, p. 193; Netherlands treaty, Reg. No. 1323, Treaty Series,Vol. 56, p. 57; British general treaty, Reg. No. 1175, Treaty Series, Vol. 49, p. 29; British treaty of commerce and navigation, Reg. No. 1176, Treaty Series, Vol. 49, p. 51; British treaty of arbitration, Reg. No. 1487; Spanish treaty, Reg. No. 1303, Treaty Series, Vol. 55,p. 39; Portuguese treaty, Reg. No. 1304, Treaty Series, Vol. 55, p. 57; Danish treaty, Reg.No. 1131, Treaty Series, Vol. 47, p. 103; Swedish treaty, Reg. No. 1386; Italian treaty, Reg.No. 1436; treaty with Belgium and Luxemburg, Reg. No. 1468; Norwegian treaty, Reg.No. 1404.