France—1857 Treaty of Friendship, Commerce and Navigation

French Treaty

On October 29, 1857, a Treaty was signed between France and the Hawaiian Kingdom in Honolulu and thereafter ratified by both governments. Article IV of this treaty provides:

“their respective subjects shall enjoy, in both States, a constant and complete protection for their persons and properties.  They shall, consequently, have free and easy access to the tribunals of justice, in prosecution and defense of their rights, in every instance, and in all the degrees of jurisdiction established by the laws.”

Neither France nor the Hawaiian Kingdom gave notice to the other of its intention to terminate this treaty in accordance with the terms of Article XXVI of the 1857 Treaty.  Therefore this treaty is still in full force and continues to have legal effect to date. Former French territories, which acquired their independence from France, are successor States to, at the very least, Article IV of the Hawaiian-French Treaty with regard to the citizenry of the successor State that effectively replaced the citizenry of the predecessor State in the treaty. These successor States, which includes mandate territories, are:

  1. Algeria.  Independence:  July 5, 1962.
  2. Benin.  Independence:  August 1, 1960.
  3. Burkina Faso.  Independence:  August 5, 1960.
  4. Central African Republic.  Independence: August 13, 1960.
  5. Chad.  Independence:  August 11, 1960.
  6. Comoros.  Independence:  July 6, 1975.
  7. Congo.  Independence:  August 15, 1960.
  8. Côte D’Ivoire.  Independence:  August 7, 1960.
  9. Djibouti.  Independence:  June 27, 1977.
  10. Gabon.  Independence:  August 17, 1960.
  11. Guinea.  Independence:  October 2, 1958.
  12. Lao People’s Democratic Republic.  Independence:  July 19, 1949.
  13. Lebanon. Independence from French Mandate: November 22, 1943.
  14. Madagascar.  Independence:  June 26, 1960.
  15. Mali.  Independence:  September 22, 1960.
  16. Mauritania.  Independence:  November 28, 1960.
  17. Morocco.  Independence:  March 2, 1956.
  18. Niger.  Independence:  August 3, 1960.
  19. Republic of Cameroon. Independence from French Trusteeship on January 1, 1960.
  20. Senegal.  Independence:  April 4, 1960.
  21. Syria. Independence from French Mandate: April 17, 1946.
  22. Togo. Independence from French Trusteeship on April 27, 1960.
  23. Tunisia.  Independence:  March 20, 1956.
  24. Vanuatu.  Independence from France and Great Britain: July 30, 1980.
  25. Viet Nam.  Independence:  September 2, 1945.

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