In spite of this declaration, signed also by herself, Russia in 1886 notified her withdrawal from article 59 of the Treaty of Berlin of 1878 stipulating the freedom of the port of Batoum.[904] The signatory Powers of the Treaty of Berlin seem to have tacitly consented, with the exception of Great Britain, which protested. Again, in October 1908, Austria-Hungary, in defiance of article 25 of the Treaty of Berlin, 1878, proclaimed her sovereignty over Bosnia and Herzegovina, which hitherto had been under her occupation and administration, and simultaneously Bulgaria, in defiance of article 1 of the same treaty, declared herself independent.[905] Thus the standard value of the Declaration of the Conference of London of 1871 has become doubtful again.
[904] See Martens, N.R.G. 2nd Ser. XIV. p. 170, and Rolin-Jaequemyns in R.I. XIX. (1887), pp. 37-49.
[905] See above, § [50], p. 76; Martens, N.R.G. 3rd Ser. II. p. 606; and Blociszewski in R.G. XVII. (1910), pp. 417-449. There is hardly any doubt that, if Austria-Hungary had not ignored the above-mentioned Declaration contained in the protocol of January 17, 1871, and had approached the Powers in the matter, the abrogation of article 25 of the Treaty of Berlin would have been granted and she would have been allowed to annex Bosnia and Herzegovina after having indemnified Turkey. This is to be inferred from the fact that, when Austria-Hungary proclaimed her sovereignty over the provinces, Turkey accepted compensation, and the Powers, which first had protested and demanded an international conference, consented to the abrogation of the Treaty of Berlin.
X VOIDANCE OF TREATIES
See the literature quoted at the commencement of § [534].
Grounds of Voidance.
§ 540. A treaty, although it has neither expired nor been dissolved, may nevertheless lose its binding force by becoming void.[906] And such voidance may have different grounds—namely, extinction of one of the two contracting parties, impossibility of execution, realisation of the purpose of the treaty otherwise than by fulfilment, and, lastly, extinction of such object as was concerned in a treaty.
[906] But such voidance must not be confounded with the voidance of a treaty from its very beginning; see above, § [501].
Extinction of one of the two Contracting Parties.
§ 541. All treaties concluded between two States become void through the extinction of one of the contracting parties, provided they do not devolve upon such State as succeeds to the extinct State. That some treaties devolve upon the successor has been shown above (§ [82]), but many treaties do not. On this ground all political treaties, such as treaties of alliance, guarantee, neutrality, and the like, become void.