t in itself directly confer any
particular rights, but sums up the whole of the rights in the matters
therein mentioned which have been or may be granted to foreign
countries. The value of the privileges under this article accordingly
varies with the conditions as to these rights in each state which
concedes this treatment.
The article is drafted in different form:
(1) That contracting states A. and B. agree to extend to each other
whatever rights and privileges they concede to countries C. and D., or
to C. and D. and any other country. The object in this instance is to
ensure specifically to B. and A. whatever advantages C. and D. may
possess. A recent instance is Article XI. of the treaty of May 10,
1871, between France and Germany, which binds them respectively to
extend to each other whatever advantages they grant to Austria,
Belgium, Great Britain, the Netherlands, Russia and Switzerland.
(2) The present general formula: A. and B. agree to extend to each
other whatever advantages they concede to any third country; and
engage that no other or higher duties shall be levied on the
importation into A. and B. respectively of goods the produce or
manufacture of B. and A. than are levied on the like goods the produce
or manufacture of any third country the most favoured in this respect.
There is a similar clause in regard to exportation.
(3) The conditional or reciprocity formula, often used in the 18th and
in the early part of the 19th century, namely, that whenever A. and B.
make special concessions in return for corresponding concessions, B.
and A. respectively are either excluded from participation therein, or
must make some additional equivalent concession in order to
participate in those advantages.
It may further be observed that the word "like" relates to the goods
themselves, to their material or quality, not to conditions of
manufacture, mode of conveyance or anything beyond the fact of their
precise description; small local facilities allowed to traffic between
conterminous land districts are not at variance with this article.
A recent complete and concise English formula is that of Article 2 of
the treaty of commerce and navigation of the 31st of October 1905,
with Rumania. "The contracting parties agree that, in all matters
relating to commerce, navigation and industry, any privilege, favour
or immunity which either contracting party
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