bluuebunny/crossref_metadata_2025 huggingface dataset:
Governments de Facto
Authors: Wheeler Everett P.
Published: April 2006

International law, perhaps more than any other branch of the science, is progressive. In its study, the elements of this progress should be traced to their origin. International law has been a growth of mutual understanding between nations, developed out of necessities of particular situations, ripening gradually from precedent to precedent and finally formulated and codified in international conventions and treaties. Of these the most notable are the conventions adopted at the two conferences held at The Hague in 1899 and 1907.

It is not surprising to find that times of war have given rise to many of the rules which nations have gradually come to recognize and embodied in the system which has become common to them all. In times of peace the situation adapts itself more readily to the requirements of each nation. War necessarily displaces the ordinary course of business and human conduct.
The French Spoliation Claims. Part III
Authors: King George A.
Published: April 2006

The jurisdictional act of 1885 provides

That the provisions of this act shall not extend to such claims as were embraced in the convention between the United States and the French Republic concluded on the 30th day of April, 1800.

The question has sometimes been asked, whether these French spoliation claims were not pressed by our government against France after the conclusion of the treaty of September 30, 1800, which has always been relied upon as surrendering the rights of these claimants to France for a valuable consideration.

We have seen that Napoleon in ratifiying the convention of 1800, did so with the proviso “that by this retrenchment the two states renounce the respective pretensions, which are the object of the said article,” that is, “the indemnities mutually due, or claimed.” The claims here referred to were, on our side, for seizure of our ships and cargoes.
The Legal Nature of Treaties
Authors: Wright Quincy
Published: April 2006

The celebrated scrap of paper incident is perhaps thought so effective a commentary on the “legal nature” of treaties that it needs no addition. “Treaties won’t stand before policy and there’s an end on’t.” The student of history is likely to take a more cautious view. He knows that treaties have been one-sidedly abrogated before. He knows that the ambiguous phrase rebus sic stantibus has generally been an implied accompaniment of treaties, and yet he knows that treaties have continued to be concluded and in general observed.
The Arbitration Treaties and the Senate Amendments
Authors: Dennis William Cullen
Published: April 2006

Referring to the identic general arbitration treaties recently
negotiated with Great Britain and France, President Taft remarks, in a
recent magazine article: “They have amended the treaty in the Senate and
have put in so many exceptions that really it is very doubtful whether the
adoption of such a treaty will be a step forward.”

It is the purpose of the present article to consider the Senate
amendments to the arbitration treaties with a view to offering some
suggestions upon the question which President Taft thus raises, namely,
whether or not the exchange of ratifications and putting into effect of the
general arbitration treaties with Great Britain and France, as amended by
the Senate, will or will not be a step forward toward the goal of peace
through justice. As a foundation for an intelligent discussion of this
question it seems desirable to emphasize some points with regard to the
purpose and fundamental theory of the treaties as originally drawn and the
success with which this theory has been embodied in the language of the
treaties.

There appears to be one thing about which nearly all the friends of the
treaties may be said to have agreed, that is, that the chief value of the
treaties, as negotiated, was indirect and general, not immediate and
definite as between the contracting parties. They were chiefly valuable, not
because these particular treaties would prevent war between the signatory
nations, for “war between the United States and England or the United States
and France was inconceivable if not impossible.”
Capture After Capitulation: A Juristic Anachronism
Authors: Kingsbury Howard Thayer
Published: April 2006

One of the earliest mitigations of the horrors of war, particularly in
its incidence upon private individuals, was the custom of sparing the
inhabitants of a surrendered city in their persons and property, instead of
subjecting them to the rapine and pillage which usually followed a capture
by storm. Even the Mosaic Code made this exception in the midst of its
barbarities, although the doomed cities of Canaan were excluded from the
benefits of the exception. Both the general savagery and the one humane
departure from it are well exemplified by verses ten to sixteen of the
twentieth chapter of Deuteronomy:

10.

When thou comest nigh unto a city to fight against it, then
proclaim peace unto it.

11.

And it shall be, if it make thee answer of peace, and open
unto thee,,then it shall be, that all the people that is found
therein shall be tributaries unto thee, and they shall serve
thee.

12.

And if it will make no peace with thee, but will make war
against thee, then thou shalt besiege it.

13.

And when the Lord thy God hath delivered it into thine
hands, thou shalt smite every male thereof with the edge of the
sword;

14.

But the women, and the little ones, and the cattle, and all
that is in the city, even all the spoil thereof, shalt thou take
unto thyself; and thou shalt eat the spoil of thine enemies,
which the Lord thy God hath given thee.

15.

Thus shalt thou do unto all the cities which are very far
off from thee, which are not of the cities of these
nations.

16.

But of the cities of these people, which the Lord thy God
doth give thee for an inheritance, thou shalt save alive nothing
that breatheth.
The Necessity for an International Code of Arbitral Procedure
Authors: Dennis William Cullen
Published: April 2006

The Final Act of the Second Hague Conference “recommends to the parties the assembling of a Third Peace Conference, which might be held within a period corresponding to that which has elapsed since the preceding conference,” and recommends the appointment of a “preparatory committee” which (in the language of the.Final Act), shall be “charged by the governments with the task of collecting the various proposals to be submitted to the conference, and of ascertaining what subjects are ripe for embodiment in an international regulation,” and of preparing a program for the conference and a plan for its organization and procedure. This recommendation, in the absence of some catastrophe, such, for instance, as the outbreak of a great European war, means the meeting of the Third Hague Conference some time in 1915, or thereabouts, and already many of the great nations of the world, among them the United States, have appointed their members on the preparatory committee.
The Origin of the Hague Arbitral Courts
Authors: Myers Denys P.
Published: April 2006

The purpose of this study is the narration in detail of the responsible suggestions and action that resulted in erecting the Permanent Court of Arbitration at The Hague and in bringing into the realm of “practical” statesmanship the Court of Arbitral Justice, designed as a genuine tribunal instead merely of a panel of judges. The origin of these courts, which, even as they exist, are the greatest achievements in the institutionalizing of international law, is important because in some degree it demonstrates the processes by which international law grows and it registers to some extent the state of its legislative development. Everybody knows that you cannot bring a code of international law into effect by the process of introducing a bill in any legislature, but beyond that there is no agreement or even any very clear conception as to the processes of securing international institutions. A study of the origins of the two Hague courts of general jurisdiction furnishes some clue to the existing processes, and is the more interesting because most “practical” people denied their possibility so long as the constituent conventions were not actually in existence. The origins of these two courts, in so far as they reveal a principle, point to the conclusion that the idealism of the world can be wrought into effective machinery when the trained publicist takes hold of it and works it into forms harmonizing with existent conditions.
The Relations Between the United States and Porto Rico Part II
Authors: Capó-Rodríguez Pedro
Published: April 2006

The question relative to the legality of the acquisition of Porto Rico by the United States involves the consideration of two different propositions: (1) the right of the United States, as a nation, to acquire territory generally; and (2) the power of the Federal Government to exercise that right according to the provisions of the Constitution. Looking at the question from this point of view, the legality of the acquisition may be considered under two different aspects: (a) the external or international, and (b) the internal or constitutional. Each of these two aspects of the question requires, of course, a separate study if not a complete and exhaustive discussion. We shall therefore examine them in their order, although to such extent only as the peculiar character and limitations of this article will permit.
History of International Law Since the Peace of Westphalia
Authors: Hershey Amos S.
Published: April 2006

The treaties of Münster and Osnabrück gave to Europe a sort of international constitution which remained the basis of its public law down to the French Revolution. But it would be a serious error to assume that the international community of states as revealed to the world by the Peace of Westphalia implied the recognition of the science of international law as understood and practiced by the society of nations at the present time. The science of international law as it exists today is a result of slow historical growth and is the product of two main factors, viz., certain theories or principles on the one hand, and international practice or custom on the other. The relative value and influence of the contributions of each of these factors is so difficult to determine that they have never been thoroughly eifted or separated — a task left for the future historians of international law.
Retaliation in War
Authors: Halleck Henry Wager
Published: April 2006

We presume that many of our readers have noticed the recent debate in the Congress of the United States on the subject of retaliation upon rebel prisoners of war in our hands for the treatment ours have received from the rebel authorities; and we think not a few must have been surprised at the course of that discussion. That opinions on this subject should differ is very natural; but so very wide a difference, or rather a direct conflict of opinion, on fundamental principles, would suggest that either the law itself was unsettled, or that the speakers did not well understand it. Indeed, on these questions of the laws and usages of war there is great want of information, not only among our people generally, but among our legislators, courts, lawyers, military officers and other public men. Nor is this to be wondered at. Prior to the present war, the people of the United States made no claim to be a military people; on the contrary they prided themselves as being civil in the strict sense of that word, and disclaimed and discountenanced all knowledge of the military art, or acquaintance with the science of war. Indeed, a profound peace of more than three-quarters of a century could scarcely be said to be interrupted by the insignificant contest of 1812, or the short war with the weak and demoralized Eepublic of Mexico. During this long period our pursuits as a nation have been, not of arms, but of agriculture, manufactures and commerce. Moreover, our very astute politicians and legislators have assured us, time and again, that there was no necessity for any military organization or military knowledge in the United States, for our untrained militia were more than sufficient for any contingency that could possibly arise. It is true that Washington and his contemporaries who achieved our independence and founded the Eepublic took a different view of this question; but who would presume to compare their opinions with those of the sages who lead our modern Congressional debates!
International Aerial Navigation and the Peace Conference
Authors: Kuhn Arthur K.
Published: April 2006

Aërial navigation, owing to the unusual impetus given to it by the Great War, now promises to result in one of the most profound influences affecting the conditions of modern civilization. It is difficult to realize that only twenty years have elapsed since the program of the First Hague Conference proposed “to prohibit the throwing of projectiles or explosives of any kind from balloons, or by any similar means”; and that one of the express causes inducing the nations of the world to agree to the proposal was the undeveloped character of the art of aviation. Although the treaty was short-lived and expired in 1905, the art had so greatly advanced that a complete change of the attitude of many governments had taken place and the renewal of the treaty was out of the question.

The opening of the war inaugurated a feverish competition to perfect every possible type of aircraft for use in attack as well as for reconnaissance. The stern demands of military tactics introduced an entirely new phase in the development of aerial navigation.
The Nature of American Territorial Expansion
Authors: Pottek Pitman B.
Published: April 2006

America has been commonly portrayed by American statesmen and politicians, even in fervid Independence Day orations, as a nation whose policy is ever for peace, and as a nation harboring no imperialistic aims. A certain group of thinkers—or feelers—have boasted of the extreme pacifism and righteousness of America in this way in order to intensify and reenforce and promote those policies for the future. These good people have hoped to see America lead the way to a repudiation of militaristic methods and the gospel of conquest. Such are the pacifists, the church people, the reformers. A second group of people have firmly believed that, in actual fact, the record compelled and imposed on them such an interpretation of American policy.
Suggestions as to Changes in the International Law for Maritime War
Authors: Rodgers William L.
Published: April 2006

At the recent Washington Conference it was agreed to call another meeting to discuss desirable changes in the rules of maritime warfare. At the meeting this spring of The American Society of International Law opinions did not coincide as to what form the future development of international law of war should take. There seemed a disposition on the part of many to attempt to resume the position previous to 1914 and say, “Let us forget the war damage to international law and continue its development on the old lines.”
The Protection of American Citizens in China: Cases of Lawlessness
Authors: Williams Benj. H.
Published: April 2006

When different races of people, possessed of different religions, moral standards and civilizations, come into contact a certain amount of friction will inevitably result. This is well illustrated by the sometimes troublous experience of western traders and missionaries in China. The part of our own diplomatic correspondence concerned with the protection of Americans in that country is voluminous and full of interest, and illustrates our distinctive diplomacy in the Far East.
The Nature and Sources of International Law
Authors: Sherman Gordon E.
Published: April 2006

Not the least among the many problems of reconstruction facing civilization at the present moment is the establishment upon a secure basis of the principles of international law as a system of world conduct and protection. Of actually restraining principles, indeed, the late war has exhibited few; nor have these, so far as successfully asserted, prevented violations of neutral rights upon a vast scale, together with a similar disregard of privileges heretofore universally conceded to occupied territory; while still more appalling has been the exploitation of diplomatic immunity in the interest of treacherous propaganda, and the wholesale assassination of noncombatants on the high seas. To such action, the words in which Germanicus is represented by Tacitus as addressing his licentious soldiery may well be applied: “Ye have violated even rights accorded to enemies, as also the sanctity of embassy and the consecrated obligations of usage between peoples.”
The Case of the “Appam” and the Law of Nations
Authors: Burchard Arthur
Published: April 2006

At the time when the Emden and all other German ships had ended their careers on the high seas, and England thought herself safe from the inroads of German cruisers on the ocean, about the middle of January, 1916, the Liverpool liner Appam disappeared on a voyage from Dakar, West Africa, to Plymouth, England. This ship had left its port of departure on January 11th and was expectgd in Plymouth the 21st of that month. After four days, wireless communication with the vessel ceased suddenly, and as nothing was heard of the ship during the following days, it was given up for lost. It was admitted that it had either gone down in a severe storm which had been raging on the West African coast, or had been sunk by a German submarine which had extended its radius of action.
The Law of Angary
Authors: Harley J. Eugene
Published: April 2006

The origin of the right of angary is traceable to early Roman times, and a study of its origin and development throws much light on the right as it is understood today. Several writers on international law refer to the first chapter, 41st verse, of Saint Matthew’s Gospel, as showing a possible origin of the term angary. This verse reads:

Quicumque te angariaverit mille passus, vade cum illo et alia duo. (And whosoever shall compel thee to go one mile, go with him two.)

The Greek word for compel or force is also cited, and it is clear that the idea of compelling some service was linked up with the early notion of angary.

The following passage from the Justinian Code (529 A.D.) shows the word angary in its noun form, and shows that all classes alike were subject to the law:

Nullus penitus cuius libet ordinis seu dignitatis, vel sacrosancta ecclesia, vel domus regia tempore expeditionis excusationem angariarum seu parangarium habeat.
The Hellenic Crisis from the Point of View of Constitutional and International Law Part III
Authors: Ion Theodore P.
Published: April 2006

The third part of the essay on the Hellenic Crisis, which has happily received a satisfactory solution, will deal with the incidents which are connected with the law of nations and inquire as to how far the European belligerents in their dealings with Greece, and the Greek Government in its relations with them, adhered to the tenets and usages of international law.

The points to be here discussed are of a manifold character.

First, it will be examined whether the serious charge made by the Entente Powers against Constantine, the ex-King of the Hellenes, that he violated the obligations arising out of the Treaty of Alliance between Greece and Serbia, by which the two states bound themselves to assist each other for the defense of their respective territories in case of attack by a third Power, and particularly by Bulgaria, is well founded according to the letter and spirit of the instrument of alliance.

Secondly, whether the military occupation of portions of the territory of the Hellenic Kingdom by both sets of belligerents, the seizure of its war material and other public property, and particularly the coercive measures employed by the Entente Powers against the Government and people of Greece and their forcible intervention in the internal affairs of that country, can be justified either by reason of treaty stipulations or on account of the unneutral conduct of the then King and his government towards the Entente Allies. The first point to be examined is the obligation arising out of the treaty of alliance between Greece and Serbia.
Some Observations on the Conduct of our Foreign Relations
Authors: Hughes Charles E.
Published: April 2006

I desire to take this opportunity to present some observations on the conduct of our foreign relations, not to define particular policies, but to consider method and control.

Recent developments abroad have marked the passing of the old diplomacy and the introduction of more direct and flexible methods responsive to democratic sentiment. Peace-loving democracies have not been willing to rest content with traditions and practices which failed to avert the great catastrophe of the world war. Public criticism in some instances overshot the mark and becoming emotional enjoyed the luxury of a bitter and indiscriminate condemnation. The most skilled diplomats of Europe were charged with having become “enmeshed in formulae and the jargon of diplomacy”; with having “ceased to be conscious of pregnant realities”. More potent than the critics were the exigencies due to the war which required the constant contact and direct interchanges of responsible leaders.
The Codification of International Law
Authors: Root Elihu
Published: April 2006

Codification, so-called, of international law, has a special importance at this time, because it is necessary in order to enlarge the service rendered by the Permanent Court of International Justice as one of a group of related institutions which taken together promise to facilitate the preservation of peace to a degree never before attained.
Recent Questions and Negotiations
Authors: Hughes Charles E.
Published: April 2006

It is an especial privilege to appear before the members of the Council of Foreign Relations because of their notable endeavor to facilitate an intelligent appreciation by our people of policies and action in the field of foreign affairs. Not only have you provided a forum but in-establishing a quarterly review under highly competent direction you have made one of the most helpful contributions to a better understanding of foreign relations than has ever been made by private enterprise. The need is obvious.
Some Disputed Applications of the Principle of State Immunity
Authors: Fairman Charles
Published: April 2006

When in 1895 the French jurist Féraud-Giraud launched his comprehensive study Etats et Souverains devant les Tribunaux Etrangers, he began with this declaration:

Je n'hésite pas, dès le début de ce travail, & poser en principe et commerègle générale, que les tribunaux ne peuventconnaîre d'une demande portae devant eux contre un governement stranger.

J'ajoute immediatement que cette regie, si elle doit etre acceptee comme principe dominant de la mature, comporte bien des tempéraments et meme de véritables exceptions.

Je n'ose dire que certains ont voulu la voir appliquer d'une manière completement absolue; mais alors que des auteurs et des cours de justice se montraient très disposes à etendre plus ou moins ces exceptions, d'autres se sont efforcés de les renfermer dans les plus étroites limites.(Tome I, 28.)
The Fourth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

The year 1925 has been the busiest year in the history of the Permanent Court of International Justice to date. During some part of every month of the year, with the exception of September and December, the court has been in session. Its sixth (extraordinary) session began on January 12 and ended on March 26; its seventh (extraordinary) session began on April 14 and ended on May 16; its eighth (ordinary) session began on June 15 and ended on August 25; and its ninth (extraordinary) session began on October 22 and ended on November 21. During 210 days of the year, the judges were at work at The Hague, and without counting the days required for travelling for which indemnities are paid, they exceeded by ten the 200 days during which indemnities are paid to them to supplement their salaries. The result of the work of these four sessions was three judgments and three advisory opinions, each of which has contributed to the settlement of some difficult problem. In four years, the court has handed down six judgments and twelve advisory opinions. Taken together these judgments and opinions constitute a significant addition to our international jurisprudence, and if they cannot be said to have dealt with problems which might have led to war, they have nevertheless served useful ends in contributing to the removal of possible sources of friction.
Foreign Jurisdiction in China
Authors: Mah N. Wing
Published: April 2006

Because of the deficiencies in her laws and judicial administration, China has for eighty years passively accepted the arrangement, sanctioned by
treaties, under which foreigners found within her territory are clothed with extraterritorial rights. The privileged status thus accorded to foreigners virtually established in that country an anomalous system of foreign jurisdictions.Now that the Chinese laws and judicial machinery are being improved in accordance with modern requirements, what was once a Chinese attitude of silent acquiescence toward the restriction of sovereignty has today become one of active and energetic protest against its further continuance.
Origins of the Theory of Territorial Waters
Authors: Fenn Percy Thomas
Published: April 2006

To discover the origins in legal theory of the modern principle of territorial waters it is necessary to go back to the theory of the Glossators. There one finds stated for the first time in terms of law some of the elements which made the development of this principle possible.
The Meaning of Pan-Americanism
Authors: Lockey Joseph B.
Published: April 2006

What is Pan-Americanism? The term itself is new. It appears to have been employed first by the New York Evening Post in discussions relating to the International American Conference which was held at Washington in 1889–1890. It was used in imitation doubtless of such terms as Pan-Slavism, Pan-Hellenism, and Pan-Islamism, which, along with numerous combinations of the sort, became current during the third quarter of last century. The new term was quickly admitted into the columns of other newspapers, and, as in the course of a few years its use became general, it found its way into the editions of the dictionaries and encyclopedias which subsequently appeared. To such works of reference inquirers who have but a vague notion of its meaning are most likely to turn for their first instruction on the subject. Unfortunately, however, from this source but little enlightenment is to be obtained.
The Effect of Changes of Sovereignty on Nationality
Authors: Gettys C. Luella
Published: April 2006

In the vast field of international relationships, one of the intricate problems is that which has centered around the question of nationality. No uniform rules have been laid down either by conventional or by customary international law for the determination of nationality. Unfortunately the whole matter is regulated by municipal law, and in consequence of the diversity of regulations many conflicts have resulted. There are additional complications encountered in that phase of the problem which deals with the relation of state succession and nationality. When a state acquires new territory by gift, cession, conquest, or by whatever means, the political status of the inhabitants of the territory must be determined.
Proposed New Edition of the Treaties of the United States
Authors: Miller Hunter
Published: April 2006

This new treaty edition is to be entitled Treaties and Other International Acts of the United States of America. The title requires some explanation as to its extent and limits. Agreements or acts which have gone into force are, with certain exceptions noted hereafter, included in the volumes of this edition now to be considered. Unperfected treaties, to use the current expression— agreements which have not gone into force—are in general, therefore, and subject to the exception mentioned below, excluded. It is to be observed that in a broad sense “unperfected treaties” include those which have been definitely rejected as well as those which are to be deemed pending; and there are also a few instances where an agreement was not formally acted on but is so ancient as to be obsolete. All those unperfected treaties, however, of whatever classification, are here omitted, with the exception of such of them as may be within one group of documents now to be mentioned.
Closing Immigration Throughout the World
Authors: Fields Harold
Published: April 2006

There are times when, as I look at the regulations of the countries of the world affecting immigrants, I see in my mind’s eye the building up of walled-in countries, much like the wall-encircled towns of the medieval period. I see the doors that lead to them closing more and more against the stranger. The development of international interests in our economic world seems to have sagged. In a sense, we are reverting to that stage in our history when our concern centered solely around each of ourselves, nor took into account the needs of others.
Delimitation of the Territorial Sea
Authors: Boggs S. Whittemore
Published: April 2006

Since the legal rights of the coastal state and of foreign states within the territorial sea differ greatly from the rights of all states on the high sea, it should be made possible for a navigator, or a fisherman, or the coastal state, to determine with certainty whether or not a vessel is in territorial waters or on the high sea. It will be practically impossible to negotiate a general convention embodying fundamental international law relating to territorial waters until the geographical problem of delimiting the zone of territorial waters is solved. The complexity and importance of the geographical problem are evident in the fact that, of the 28 “ bases of discussion” which were formulated by the preparatory committee, for the consideration of the Commission on Territorial Waters at the Conference for the Codification of International Law recently held at The Hague, one-half related to the delimitation of territorial waters, while the other half related to legal rights and obligations.
The German-Mexican Claims Commission
Authors: Feller A. H.
Published: April 2006

The work of the recent claims commissions between Mexico and various other states constitutes an important body of material for the development of international adjudication. The revolutionary disturbances in Mexico between 1910 and 1920 resulted in considerable damage to aliens. On July 14, 1921, the Mexican Government by a circular letter announced its willingness to conclude claims conventions for the purpose of indemnifying such aliens. Six such claims conventions were concluded with the following governments: United States, France, Germany, Great Britain, Spain, and Italy.
“Resort to War” and the Interpretation of the Covenant During the Manchurian Dispute
Authors: Lauterpacht H.
Published: April 2006

The first phase of the dispute between China and Japan before the League of Nations began in September, 1931, when China, following upon the invasion of Manchuria by Japanese troops, invoked Article 11 of the Covenant and asked the Council to take measures to restore the territorial status quo and to determine the amount and the character of the compensation due to her as the result of the invasion of her territory. It ended in April, 1933, when, subsequently to the adoption by the Assembly of a report under Article 15 of the Covenant, it became clear that no effective action would be taken to implement the purposes of the Covenant. The charter of the community of nations organized in and through the League proved, to all appearances, to be of illusory value in its fundamental aspect, namely, in the undertaking to protect the members of the League from external violence and aggression. The prediction of the sceptics that the authority of the League would be unable to assert itself if challenged by one of the Great Powers seemed to have been amply confirmed. It seemed to have been fulfilled by a successful defiance of the Covenant so unprecedented in its magnitude, obviousness and persistence as to constitute a fair test case of the value and of the potentialities of the League.
The Concept of Aggression in International Law
Authors: Wright Quincy
Published: April 2006

The press reports characterized the resolution of the Chaco Commission of the League of Nations Assembly as amounting “to condemning Paraguay henceforth as the aggressor in the Chaco War.” This resolution of January 16, 1935, recommended a raising of the arms embargo in behalf of Bolivia, because Bolivia had accepted and Paraguay had rejected the Assembly’s report made on November 24, 1934, under Article 15, paragraphs 4 and 9 of the Covenant.
Extraterritorial Jurisdiction in the Ancient World
Authors: Kassan Shalom
Published: April 2006

It is now an established principle of modern international law, that there exists in every independent State but one body of law. This body of law is administered by all the courts alike over all persons and things within its territorial limits. These courts, within the limits of their respective jurisdictions, do not discriminate between the various inhabitants of the State. The origin, nationality or religion of the people who appear before the courts is not questioned, and is not of any importance.
The Inter-American Conference for the Maintenance of Peace
Authors: Fenwick Charles G.
Published: April 2006

The Inter-American Conference for the Maintenance of Peace began its sessions on December 1, and came to a close on December 23,1936. During a period of less than three weeks of working time its activities might be said to have established a world's record in scope and intensity, except that records in such matters are more to be avoided than emulated if the activities of the Conference are to be logically integrated and if the participants are to live to serve any useful purpose in the future.
The International Non-Intervention Agreement and the Spanish Civil War
Authors: Padelford Norman J.
Published: April 2006

One of the most striking features of the present Spanish civil war has been the evolution, and devolution, of the international accord for non-intervention in Spain, and the observation and patrol system set up in connection therewith. The purpose motivating the accord was the desire to prevent Europe from becoming so bound up with and so divided over the ideological aspects of the conflict that the fighting would lead to a general European war. If the devices have not succeeded altogether in stopping the entrance of supplies and men into Spain; if they have glossed over or provided a screen behind which violations of pledged undertakings have occurred; if they have become popular laughing-stock, and have allowed unfortunate Spain to become a military laboratory for the testing of weapons and strategy, they have, nevertheless, been instrumental, along with other things perhaps, in averting for at least the first year of the Spanish war an extension of hostilities to other territories. Care need well be exercised lest the entire scheme be dropped, for Spanish civil wars have always been long drawn-out affairs lasting several years, and it should not be supposed that the general crisis is over, or that the mere granting of belligerent rights to the contestants will diminish the dangers.
The United States and the Rights of Neutrals, 1917-1918
Authors: Morrissey Alice M.
Published: April 2006

In April, 1917, when the Balfour mission visited the United States to arrange for American cooperation with the Allies, Frank L. Polk, Counsellor for the Department of State, jocosely said, “You will find that it will take us only two months to become as great criminals as you are.” Polk’s forecast has become common opinion, while American disclaimers of participation in crime are forgotten. The truth is that the United States continued to insist that certain Allied practices were illegal and refused to cooperate in them. On two separate occasions the Department of State informed members of the Balfour mission that the American attitude toward certain belligerent maritime measures remained unchanged. Mr. Lester H. Woolsey, then Law Adviser, later Solicitor, for the Department of State, wrote in a memorandum summarizing the attitude taken by American representatives in oral discussions with the British: “Great Britain has heretofore attained the objects set forth… through her exercise of belligerent maritime measures, depending upon the prize court to condemn property violating those measures. The United States regards certain of the measures in question as illegal; …” A few days later Mr. Woolsey, in discussing two proposals for bunker control suggested to him by the British, said:
New Light On Jay’s Treaty
Authors: Newcomb Josiah T.
Published: April 2006

Henry Adams said in his Life of Gallatin that of all the portions of our national history, “none is more often or more carefully discussed than Jay’s Treaty.” All general histories and biographies of the period contain ample references to the treaty and the controversies over it. The same is true of many contemporary letters and memoirs. Several monographs of merit have been published concerning the treaty, the most complete dealing with the treaty negotiations, by Dr. Samuel Flagg Bemis. Judge John Bassett Moore has recently brought out seven valuable volumes dealing with the arbitrations which resulted from the treaty.
The Charge of Piracy in the Spanish Civil War
Authors: Genet Raoul
Published: April 2006

Among the numerous problems of an international interest which havebeen raised by the Spanish war, there is one which has attracted the attention of jurists to a lesser degree than certain others, such as the question of the recognition of belligerency, or that of non-intervention. Yet this problem is not without interest from a strictly juridical point of view, for it poses an important question of terminology and, at the same time, permits the clarification of a notion which, although simple, clear and formerly well understood, has been so obscured by erroneous thought that it is difficult to realize that its actual meaning seems to have been lost by our contemporaries. The problem to which we refer is that of piracy, and it is as a result of the misunderstanding and distortion of this term that the civil war in Spain has first come to be inscribed in the annals of maritime warfare.
Treaty-Making in Post-War Germany
Authors: Schiffer Walter , Wilcox Francis O.
Published: April 2006

One of the most significant developments of the 19th and early 20th centuries has been the rapid expansion of constitutional government and the resultant rôle of representative bodies in the important function of concluding international agreements. While treaty-making remained for many centuries largely in the hands of unchecked executives, the trend of the past 150 years–at least until the recent rise of dictatorships in Europe–has been toward the conferring of more and more power upon the representative branch. The importance of this movement is especially significant when we consider that interstate contacts have rapidly multiplied during this same period and international contractual relationships correspondingly increased.
The Meaning of the Term Denial of Justice in International Law
Authors: Lissitzyn Oliver J.
Published: April 2006

The term “denial of justice” has been used widely to describe certain types of acts and omissions of States directed against foreigners deemed to be internationally illegal and justifying diplomatic interposition by the aggrieved State. There is no agreement, however, as to the precise scope of the term. In attempting to determine whether a single definite meaning can be assigned to the expression, emphasis must be placed upon its actual use in diplomatic practice and in the decisions of international tribunals, for the opinions of writers, no matter how authoritative, may not correspond with the practice of States. A few general considerations may be suggested by way of introduction.
The Early American Attitude Toward Naturalized Americans Abroad
Authors: Morrow Rising Lake.
Published: April 2006

Of all the early problems of American diplomacy, few held more dangerous potentialities or proved more difficult of solution than those involving the rights and privileges of naturalized Americans when traveling or resident in foreign lands. In America, the position of such people was fairly well defined. The laws, which were brief, merely referred to them as “citizens of the United States,” the equals, in short, of the native-born in every particular save that of eligibility for the Presidency. It was when naturalized Americans entered the country to which, because of birth within its jurisdiction, they bore a different relation than did native Americans, that difficulties arose. The American Government was forced to decide whether it ; should extend to them, while they remained in such countries, the same protection granted to native Americans, or whether it should follow the practice of the English Government, which washed its hands of naturalized Englishmen the moment they entered the country of their native allegiance.
The Diversion of Waters Affecting the United States and Canada
Authors: Simsarian James
Published: April 2006

The submission by the Government of the United States to the Government of Canada on May 28, 1938, of a rewritten draft of a Great Lakes-St. Lawrence waterway treaty brings to the forefront again the desirability of concluding a comprehensive agreement between the two Governments for a mutually advantageous utilization of the available navigation and power resources along the boundary basin. In view of the heightened interest in both the United States and Canada, a reexamination of the diplomatic correspondence between the United States and Great Britain and Canada since the end of the nineteenth century regarding the diversion of waters in the United States or in Canada which affected interests in the other country is opportune. It is of significance to note the positions taken by the United States and Great Britain and, later, Canada, in diplomatic negotiations and by significant municipal acts, as to the legal rights of the United States and Canada to the use or diversion of (1) boundary waters, (2) waters which are tributary (and entirely within the territory of one country) to boundary waters, and (3) waters of rivers flowing across the boundary. The distinction between the first situation and the second and third is an important one to observe.
Problems of International Law in French Jurisprudence 1939–1941
Authors: Domke Martin
Published: April 2006

Recent European events have brought with them some interesting questions of international law which have been discussed in French courts, especially during the war. In the following pages some of these decisions will be taken up regarding:

I.

Russian expropriation measures in Eastern Poland, September, 1939.

II.

Claims against owners of goods expropriated by the Spanish Government.

III.

The nationality of corporations.

IV.

The sequestration of enemy property.

V.

Art. 17 of the Armistice Convention between France and Germany (prohibition of the transfer of securities from the occupied zone).
German Prisoners of War in the United States
Authors: Mason John Brown
Published: April 2006

For the first time in over one hundred years the American public has large numbers of foreign prisoners of war in its midst. While German naval prisoners were held in the United States during the last World War they numbered only a few thousand men, as compared with the total today of over three hundred thousand Germans with additional numbers still pouring into our ports. The task of housing and feeding these prisoners, of providing for their other needs as well as of guarding them and putting them to work at productive labor, has been the responsibility of the War Department. With few precedents and practically no experience to fall back upon, it has done and is doing an enormous job with results that, as a whole, are a credit to the good name of the United States.
World Order—An Agenda for Lawyers
Authors: Corbett P. E.
Published: April 2006

Within the last year the output of designs for perpetual peace has attained something like flood proportions. Exhortations on how to make this the last war and how to win the peace outnumber the unofficial guides to victory. The volume of these publications, and their sales figures, attest a healthy general interest in the purposes for which we are fighting and the ways and means of achieving them. Inevitably, there is much clash of counsel, and some resulting bewilderment among the reading public. But there is one characteristic uniformity; whether they describe themselves as mere “approaches” to peace, or dogmatically present a fixed “blueprint,” most plans of post-war settlement advocate curtailment of national sovereignty and propose extensive and vigorous supranational organization.
The Coördination of Inter-American Peace Agreements
Authors: Fenwick Charles G.
Published: April 2006

During the course of some thirteen years, from the Fifth International Conference of American States at Santiago in 1923 to the Conference for the Maintenance of Peace at Buenos Aires in 1936, the American Republics adopted a wide variety of treaties and conventions dealing with the pacific settlement of disputes arising between them. These agreements cover all of the generally accepted procedures, except that of judicial settlement in the sense of submission to a permanent court as distinct from an arbitral tribunal. Each of the separate procedures appears to have been adopted without any plan of coordinating it with other procedures, with the result that there is duplication and overlapping of provisions and occasionally open contradiction. There is no logical progression of obligations so that a dispute could, at the initiative of a plaintiff State, go forward from one procedure to another until final settlement.
The End of Dominion Status
Authors: Scott F. R.
Published: April 2006

The present world war has made further changes in the constitutional relations among the nations of the British Commonwealth. This was to be expected, for each great crisis has left its mark on that relationship in the past. The first world war ended the purely colonial period in the history of the Dominions. Their military contributions to the Allied war effort gave them a claim to equal recognition with other small states and to a voice in the formation of policy. This claim was recognized within the Empire by the creation of the Imperial War Cabinet in 1917, and within the community of nations by Dominion signatures to the Treaty of Versailles and by separate Dominion representation in the League of Nations.
Neutrality, Belligerency, and the Panama Canal
Authors: Padelford Norman J.
Published: April 2006

The Panama Canal was originally conceived as a highway for peaceful commerce between nations. The extensive use of the Canal by the vessels of many countries indicates that it has fulfilled such a function. At the same time the Canal has played a part in non-peaceful intercourse. It has facilitated the transportation of materials of war and of troops. It has enabled "vessels of war to move rapidly from ocean to ocean, thus affecting naval strategy. From the commencement of its undertaking the United States Government has regarded the Panama Canal as an instrument of national defense. These facts serve to underline the importance of the Canal to all maritime states in war as well as in peace.