bluuebunny/crossref_metadata_2025 huggingface dataset:
Grotius in the Science of Law
Authors: Pound Roscoe
Published: April 2006

It has been customary to take Grotius's book for the starting point of one of the best marked eras in the history of jurisprudence. Any account of the development of theories of justice is likely to begin the modern history of the subject with Grotius, and to put as a classical epoch a period designated as “from Grotius to Kant.” Any account of theories of law is likely to set off a period from the revived study of Roman law in the Italian universities of the twelfth century to Grotius, and another from Grotius to the breaking up of the eighteenth century law-of-nature school. In almost all accounts of the history of the science of law, Grotius stands as marking a turning point.
Membership in the League of Nations
Authors: Hudson Manley O.
Published: April 2006

Growth of membership. When the Covenant of the League of Nations came into force on January 10, 1920, there were twenty-three members of the League. By the expiration of the two months allowed by Article 1 for accessions to the Covenant, on March 10, 1920, the number had been increased to thirty-three. When the First Assembly met on November 15,1920, the League had forty-two members, and when it adjourned on December 18, 1920, the number had been increased to forty-eight. The Second Assembly in 1921 admitted three more members, the Third Assembly in 1922 admitted one, and the Fourth Assembly in 1923 admitted two.So that since the Fourth Assembly, the members number fifty-four. These include all but seven of the twenty-four Powers represented at the first
Hague Conference in 1899, and all but seven of the forty-five Powers represented at the second Hague Conference in 1907.
The Opium Question
Authors: Wright Quincy
Published: April 2006

Congressman Porters resolution of January 28, 1924,1 authorizing an appropriation for American participation in two international conferences on the opium and narcotic drug traffic to be held in the latter part of this year is the most recent step in the long history of mankind's fight against his own desire for narcotics. This fight has progressed by three stages.
The Institute of International Law
Authors: Scott James Brown
Published: April 2006

The scientific organizations which flourished before the World War have had great difficulty in continuing their labors after its termination. The Institute of International Law has been no exception. It was to have met in Munich in September, 1914, and its program had been completely arranged; but the war which started in August, 1914, necessarily put an end to all arrangements for the session. A resort to arms inevitably brings with it a desire for its avoidance; and the greater the war, the greater the desire. A decade, a generation struggles in the mists and shadows, seeking to extricate itself from the post-war spirit, condemning the past somewhat indiscriminately and advocating innovations which, new in expression, are nevertheless the aspirations of those who, in all time, crushed and bruised by force, seek
to replace it by justice.
The Development of International Law Since the War
Authors: Hudson Manley O.
Published: April 2006

We are now approaching the end of the first decade following the World War. Perhaps we are sufficiently removed from the heat and passion of that struggle to attempt to gauge the progress which the world has made in the development of international law since it was ended. Ten years is a brief period in any field of history; but before this decade was begun, most of us felt that it was going to see great things accomplished toward broadening and strengthening and extending the law by which the relations of states are governed. The war brought a challenge to our international legal order which could hardly have failed to create for our generation an opportunity to leave an impression on international law, such as has been left by no other generation in the three hundred years since the time of Grotius. As the decade is ending, and as our generation begins to find its energies so absorbed in other tasks, an appraisal of the progress we have achieved may enable us to judge the use we have made of our opportunity and the extent to which it still exists.
The Fifth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

In the course of its fifth year, the Permanent Court of International Justice has builded a record of constructive work which may perhaps excite less interest than the records of previous years but which constitutes a substantial addition to the new foundations of international jurisprudence which the court is laying. The judges were at The Hague for two sessions: the tenth (extraordinary) session from February 2, 1926, to May 25, 1926, and the eleventh (ordinary) session from June 15, 1926, to July 31, 1926. It is notable that all of the eleven judges were present at the latter session, for the first time in the history of the court. At the extraordinary session early in the year, the court handed down its seventh judgment, and at the ordinary session during the summer, its thirteenth advisory opinion. In addition, the court undertook the very important task of revising its rules of procedure, and the experience of the past four years has been embodied in the new Rules of Court which became effective as from July 31, 1926. Outside the chambers of the court itself, some questions have arisen which may affect its future; so that on the whole, it has been a significant year in the court's history.
Reorganization and Improvement of the Foreign Service
Authors: Garner J. W.
Published: April 2006

By an act of Congress passed at the last session the United States has followed the example of a number of European states since the war and provided for the reorganization of its foreign service. The act was passed after long discussion and it embodies recommendations made by various recent Secretaries of State, including Mr. Bryan, Mr. Lansing, Mr. Colby,and Mr. Hughes; by Mr Wilbur J. Carr, formerly Director of the Consular Service and now an Assistant Secretary of State; by the Hon. John W.Davis, former ambassador to Great Britain, and other persons interested in the reform of the foreign service. The author of the act was the Hon.John J. Rogers of Massachusetts, to whose deep interest and untiring zeal the passage of the law was mainly due.
Revolutionary Activities by Private Persons against Foreign States
Authors: Lauterpacht H.
Published: April 2006

Revolutionary acts and preparations are liable to punishment by the criminal law of the community against which they are directed, and belong as such to the domain of municipal law. They become a matter of direct importance to international law when the menaced state finds that the efficacy of its laws and the possibilities of peaceful internal development are being frustrated by revolutionary propaganda or by acts of rebellion coming from abroad. Such acts may, when brought to consummation within its territory, be punished with all the rigor of the law. But the probability of their suppression is diminished and the chances of their success are enhanced as a result of their being hatched out and prepared under cover of the territorial supremacy of another state. It happens thus that what one state believes to be its internationally recognized right of peaceful existence is put in danger in consequence of another state’s right to exclusive jurisdiction over its territory, a right, in turn, fully protected by international law.
Are the Liquor Treaties Self-Executing?
Authors: Dickinson Edwin D.
Published: April 2006

In an earlier issue of this Journal the writer called attention to some of the questions raised by the recent liquor treaties and among them to the question whether legislation is required to make Article II of the treaties effective.
The International Mixed Court of Tangier
Authors: Hudson Manley O.
Published: April 2006

The inauguration of the mixed court of tangier on june 1, 1925, marked the beginning of a new experiment in international cooperation for the administration of justice. While it is perhaps too early for any definite conclusions to be drawn as to the success and significance of this experiment, enough time may have elapsed for some useful study to be made of it and possibly for some forecast of its future.
The Codification of International Law
Authors: Crocker Henry G.
Published: April 2006

The task of codifying international law is so vast, the subject thus named so uncertain in nature and in limits, language so imperfect and misleading, and human reason so puny, that a person who addresses himself to the business with the intention of elaborating concrete expressions of the law finds himself with no solid foothold to start from, no certain direction to take, and no clear conviction as to how best to work. In the present attempt to study the problem of codification of international law in a few of its aspects, the writer has taken one topic only, the treaty, thinking that here we have phenomena in plenty and that discussion thereof may be a fruitful preliminary procedure. For even here, at the very outset, we are confronted with primary questions which throw us back to the very threshold as it were of the whole subject.
The Responsibility of the State for the Protection of Foreign Officials
Authors: Eagleton Clyde
Published: April 2006

The idea of obligation is of essential importance in any legal system: it is, in a sense, the sanction of law itself. But it is only in the last decade or so that the idea of the responsibility of states in international law has been detached from a subordinate or incidental discussion in connection with the rights of states, with treaties, or elsewhere, and given its proper position as an institute of international law. Only in the latest editions of texts has the legal significance of the word been recognized to such an extent that it is given a separate chapter treatment, upon a footing similar to that of equality, independence, or other accepted attributes of the state. As usual, more interest has been devoted to rights than to duties. Monographic treatment is very limited; and there is as yet no complete treatise. There are, of course, innumerable discussions of particular phases, especially in the case of injuries arising from civil war, but also for federal states, the acts of agents, the theories of risk and fault, et cetera.
Clauses Relating to Reference of Disputes in Obligatory Arbitration Treaties
Authors: Wilson Robert R.
Published: April 2006

The shaping of agreements which are to impose new obligations upon states requires regard for political experience as well as high technical skill. The record of past effort seems to show that this is particularly true of treaties for pacific settlement. Among the problems incident to the construction of treaties for the arbitral settlement of future disputes, perhaps none is more central than that of the form in which the right actually to initiate arbitral proceedings is set forth. It is obvious that academic schemes which would disregard the dignity of public entities and suddenly abolish the distinction between states and individuals as parties litigant, leave much to be desired. On the other hand, the object of a treaty may be defeated by subtle preservatives of the full freedom of ction by the parties, or by what has been called a “misguided passion for juristic definition” on the part of draftsmen. It has long been recognized that unless the part of a general agreement covering the method of referring disputes is adequate, a strict construction of the instrument may leave it little more than the expression of a noble wish. Evasion or frank disregard may easily follow.
National Judges In The Permanent Court Of International Justice
Authors: Hill Norman L.
Published: April 2006

The advisability of permitting judges from litigant states to participate in hearings before international judicial tribunals has been a subject of disagreement on several occasions. It provoked serious controversy for the first time at the Hague Conference of 1907, when the proposed Court of Arbitral Justice was under discussion. Recently it has received even more attention in connection with the establishment of the Permanent Court of International Justice and in discussions of amendments to the Statute of the court and its rules.
Japan's Mandate in the Pacific
Authors: Williams E. T.
Published: April 2006

Japan has refused to submit to the decision of the League of Nations which condemns the invasion of Manchuria in September, 1931, and the setting up there of a so-called“independent state of Manchukuo,” and has announced her withdrawal from the League. Should Japan's connection with the League be actually severed at the end of the period of two years' notice required by the Covenant, the continuance of her mandate over certain islands in the Pacific is sure to be called in question. The matter is one that is already disturbing several governments. Japanese statesmen insist that their mandate will not be affected by Japanese withdrawal from the League. Certain German statesmen think that the islands ought to be returned to them.
Immunity of a Foreign Mission's Premises from Local Jurisdiction
Authors: Deák Francis
Published: April 2006

During its session of October 31–December 2, 1927, the Hungarian–Czecho–Slovak Mixed Arbitral Tribunal established under the Treaty of Trainon rendered several decisions condemning the Hungarian State to pay approximately five million Czech crowns indemnity on claims filed by Czechoslovak nationals in conformity with Article 232 of the Trianon Treaty. In accordance with the provisions of the Peace Treaty, the Hungarian Government accepted without question these decisions of the Mixed Arbitral Tribunal.
Basic Rules of the Jugoslav Law Concerning Nationality
Authors: Peritch J.
Published: April 2006

The State of the Serbs, Croats and Slovenes, or the State of Jugoslavia, is one of the creations of the World War (1914-1918). It is composed of the former Kingdoms of Serbia and Montenegro, of the Southern Slavic provinces belonging to the former Austro-Hungarian Monarchy (see the Treaties of Peace of St. Germain of September 10, 1919, and of Trianon of June 4,1920), and of a certain part of the Bulgarian territory (see the Treaty of Neuilly of November 27, 1919). The Jugoslav State was founded by the Pact of Union of December 1, 1918 n.s. (signed at Belgrade, capital of the former state of Serbia, and now capital of Jugoslavia) and was subsequently recognized by the Treaties of Peace (1919-1920) which liquidated the World War, a3 well as by the neutrals.1 It secured its Constitution on June 28, 1921, whereby the State of Jugoslavia was to be a monarchy, in its nature constitutional (with the Karageorgevitch dynasty), parliamentary (of the unicameral type) and hereditary.
Recognition Cases 1925-1930
Authors: Dickinson Edwin D.
Published: April 2006

Six years ago, under the title “ Recent Recognition Cases,” the present writer reviewed a group of British and United States court decisions dealing chiefly with questions arising out of the withholding of political recognition from de facto foreign governments. Most of the decisions reviewed concerned the unrecognized governments of Mexico and of Russia. At the time of writing, the United States had recognized the Government of Mexico and Great Britain had recognized both the Government of Mexico and the Government of Russia, with the result that most of the problems presented in the so-called “ recognition cases” continued acute only in the United States and only with respect to Russia. Problems presented by the withholding of recognition from the Government of Russia are still acute in the United States in 1931, novel and interesting cases have been before the courts in the intervening years, and the end is not yet in sight. In the present paper it is proposed to bring the earlier review of this group of decisions up to date.
The Seventh Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

Several important events have marked the seventh year in the history of the Permanent Court of International Justice. The court was in session at The Hague from February 6, 1928, to April 26, 1928 (thirteenth session); from June 15, 1928, to September 13, 1928 (fourteenth session); and from November 12, 1928, to November 21, 1928 (fifteenth session). It handed down two advisory opinions (Nos. 15 and 16) and two judgments (Nos. 12 and 13), and several important orders. It lost the services of two eminent judges through the resignation of Judge John Bassett Moore and the death of Judge André Weiss. A settlement was reached with the Netherlands Government of the long-standing question as to the privileges and immunities of the judges and registry officials; and, what is perhaps more important for the court’s future, the signatories of the court’s protocol of signature began the consideration of changes in the court’s statute in the light of seven years’ experience. The seventh year marks progress in the establishment of the court’s position as the chief agency in the world for the international administration of justice, as it marks also changes which will affect the future of the court.
The National Boycott as an International Delinquency
Authors: Bouvé C.L.
Published: April 2006

John Smith, an American citizen, is engaged in a profitable local business in a foreign country. He unexpectedly receives information from a reliable source that the people of the vicinity plan to attack and destroy his establishment within twenty-four hours. Smith at once imparts this information to the local authorities, who take no steps whatever to protect him. The threatened attack occurs and his business is either severely damaged or ruined. It is obvious that we have here a case for diplomatic representations. A foreigner residing in a friendly state has suffered injury to his property at the hands of the nationals of that state, under conditions where national responsibility attaches. The state of residence has failed to meet its international duty of taking adequate steps to afford the resident foreigner the protection of the local law; in other words, it has not been diligent in attempting to prevent the perpetration by its nationals of acts violative of the local law directed against the foreigner and resulting in injuries to his business interests.
The Relations Between the Navy and the Foreign Service
Authors: Woodward Clark H.
Published: April 2006

In the conduct of foreign policy and the participation of the United States in international affairs, the relation between the Navy and the Foreign Service is of vital importance, but often misunderstood. The relationship encompasses the very wide range of coördination and coöperation which should and must exist between the two interdependent government agencies in peace, during times of national emergency, and, finally, when the country is engaged in actual warfare. The relationship involves, as well, the larger problem of national defense, and this cannot be ignored if the United States is to maintain its proper position in world affairs.
Treaty Regulation of International Radio and Short Wave Broadcasting
Authors: LeRoy Howard S.
Published: April 2006

The significance of international short wave broadcasting has been enhanced recently by a sequence of apparently unrelated international developments, both political and technical in character. These developments, with their widespread ramifications, place additional strains on the international radio regulatory régime built up during the last three decades. This regulatory pattern has evolved out of some of the most voluminous, intricate, and technical multilateral treaties to be put in force between sovereign states.
The Convention Of 1936 for the Suppression of the Illicit Traffic in Dangerous Drugs
Authors: Stabke J. G.
Published: April 2006

The Convention of 1936 for the Suppression of the Illicit Traffic in Dangerous Drugs represents a further stage in the development of international criminal law.
The Rule of Law and the Disintegration of the International Society
Authors: Schwarzenberger Georg
Published: April 2006

Professor A. L. Goodhart, of Oxford, in a paper on “The Nature of International Law” indicates a field of research which has hitherto been somewhat neglected by international lawyers. He suggests that “some of the most distinguished writers on international law have not sufficiently emphasised in their definitions of international law the essential part played by the community.” This criticism does not, in our opinion, apply only to the definition of international law. None of its main issues, such as recognition, state responsibility, protection of nationals and property abroad, extradition, neutrality, intervention, or the rules of warfare, can be seen in their proper perspective if we disregard this background and the fundamental changes now taking place in the social environment which Professor Goodhart calls the “community.”
Responsibility of States for Acts of Insurgent Governments
Authors: Silvanie Haig
Published: April 2006

There are two generally accepted modes of classifying insurgent governments: (1) according to their purpose, and (2) according to their success or failure. If the aim of an insurgent government is to secede and form a new state, it is normally referred to as a seceding government; and if its aim is to overthrow and replace the de jure government within the old state, it is normally spoken of as a mere insurgent government.
Two Problems of Approach to the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

In its attempt to forge a lien between the process of pacific settlement outlined in the Covenant of the League of Nations and the judicial process provided for by the Statute of the Permanent Court of International Justice, the Special Assembly of the League of Nations dealing with the Chaco dispute has broken some new ground. The effort made in its report of November 24,1934, was not successful, or not wholly so; but it may have established a precedent which will serve in the future, and for this reason it seems to deserve some special attention.
State Responsibility for Failure to Vindicate the Public Peace
Authors: Rice William Gorham
Published: April 2006

There is confusion in the doctrine of the responsibility of states for
denial of justice, particularly where the “denial” consists in failure to
operate the machinery of criminal justice.
Questions of State Succession Raised by the German Annexation of Austria
Authors: Wilford Garner James
Published: April 2006

The recent annexation of Austria to the German Reich (the terms “incorporation” or “absorption” are preferred by some) has raised certain questions of international law or practice with which other states have already had, or will have, to deal and upon some of which Germany also will be called upon to take a position. Among the questions already raised or which may be raised are the following: (1) Assuming that the annexation was brought about by the use of armed force against Austria without her consent and in violation of treaties or international law, should those states which have bound themselves by treaties not to recognize the validity of territorial annexations made under such circumstances, accord de jure recognition to the German annexation of Austria? (2) What effect did the annexation have on the status and obligations of Austria as a member of the League of Nations? (3) What effect did it have on the status of the treaties between Austria and other countries which were in force at the time of the annexation? (4) Did the application of Germany’s treaties with other states extend automatically, following the annexation, to the territory of Austria? (5) Is Germany bound by the generally recognized rules of international law to assume the payment of the debts of the former Austrian state, including those of the local governments of Austria?
Postwar International Organization and the Work of the Section of International and Comparative Law of the American Bar Association
Authors: Carroll Mitchell B.
Published: April 2006

The Dumbarton Oaks proposals of October 7, 1944, reflect a development of ideas concerning international political and judicial organization in which the Section of International and Comparative Law of the American Bar Association has played a significant part. Its recommendations calling for the establishment of an international organization, including an improved system for settling justiciable disputes, have found their way into resolutions of the Association, composed of some thirty thousand lawyers. These resolutions preceded the joint projects of the United States, the United Kingdom, the Soviet Union and China for an international organization for the maintenance of peace and security.
Is the Wearing of the Enemy’s Uniform a Violation of the Laws of War?
Authors: Jobst Valentine
Published: April 2006

The above question has been raised in the present European conflict, particularly in connection with the use of parachute troops. At the time of the German invasion of France and the Low Countries, many of the German parachute troops who landed behind the Allied lines in those countries and there proceeded to destroy important military objectives or to seize and hold them until joined by reinforcements, allegedly wore Belgian or Netherland uniforms.
The Most-Favored-Nation Clause and the Courts
Authors: Catudal Honoré Marcel
Published: April 2006

The recent decision of the United States Court of Customs and Patent Appeals in the case of John T. Bill Co. Inc. v. United States, C.A.D. 57, 27 C.C.P.A. (Customs) 26,104 F. (2d) 67 (decided May 29, 1939), is of distinct importance in its bearing on the foreign commercial policy of the United States. In this case, an appellate court, for the first time, had squarely presented to it the question of giving effect to the unconditional mostfavored- nation provisions of an American commercial treaty as against a later statute containing no express reservation respecting treaty provisions. This decision may well be regarded as the turning-point in the construction given to the most-favored-nation clause by the American courts.
The U.S.S.R. and International Organizations
Authors: Prince Charles
Published: April 2006

It is of interest to the student of international affairs to examine the relationships of Soviet Russia with international organizations, both public and private, and of the policies governing those relationships. The study aims to find out why the Soviet Government has joined some international unions, affiliated with certain groups, and has refused to cooperate with others. What has been the Soviet Government’s policy in entering into multipartite conventions; why has it become a successor to some international agreements that were ratified by the Imperial Russian Government and rejected or abrogated others; and to what extent is the Soviet Union guided by generally accepted principles of international law in its foreign policies as evidenced by its participation in international organizations?
Taxation of Friendly Foreign Armed Forces
Authors: Fairman Charles , King Archibald
Published: April 2006

In the October, 1942, number of this JOURNAL, was published an article by one of the present authors dealing with the jurisdiction of the courts of one country over the personnel of the armed forces of another friendly country at the time on the soil of the former. The presence in so many instances, in the war now raging, of the armed forces of one power in the territory of another was mentioned as the reason for the timeliness of that article. This situation still continues and makes equally timely an examination of the rights and the practice of a host country with respect to taxation of the friendly visiting forces, their operations, supplies, and personnel.
Governments and Authorities in Exile
Authors: Oppenheimer F. E.
Published: April 2006

The governments-in-exile present new problems created by the special circumstances of this war. During World War I, belligerent occupation played an important rôle. Disregarding smaller incidents, the following occupations may be mentioned: that of Belgium and parts of France by German troops; parts of White Russia by Austro-Hungarian troops; of Serbia and Macedonia by German, Austro-Hungarian and Bulgarian troops; of Rumania by German, Austro-Hungarian and Bulgarian troops; of parts of Italy by Austro-Hungarian and German troops; of parts of Austria by Russian troops; of parts of Alsace-Lorraine by French troops; and of Palestine by British troops. As a result of the invasion of its territories the Belgian Government exercised its functions in Sainte-Adresse, France, and the Serbian Government in Corfu, Greece, but it is not known that the activity of these sovereignties-in-exile has raised any significant legal problems. Since 1940 an increasing number of governments have been forced to flee their homelands in the face of hostile armed forces and have been invited by the British Government to establish themselves in the United Kingdom. We have now a “Miniature Europe” in London. There are at present eight foreign governments in England: Belgium, Czechoslovakia, Greece, Luxembourg, The Netherlands, Norway, Poland and Yugoslavia.
Origins of the French Protectorate over Catholic Missions in China
Authors: Cole H. M.
Published: April 2006

One of the most distinct features of European imperialism in its nineteenth century form was the peculiar alliance between missionary activity in backward areas and the political exploitation of the same for reasons of prestige, strategy or economics. No better example of this alignment can be found than in the French protectorate exercised over Roman Catholic missionary activity in China. Here the establishment of a definite political protectorate in the nineteenth century has a long historical background in which one may trace the transition from what G. L. Beer called “The Old Colonial System” to imperialism in its modern form. The question of “origins” here follows a sequence from Portuguese conquests and the Patronage (Padroado) in the Far East through the period of French expansion under Louis XIV to the final acceptance by the European world of the French protectorate over all Catholic missions in China.
The Wilhelmina: an Adventure in the Assertion and Exercise of American Trading Rights during the World War
Authors: Crighton John C.
Published: April 2006

Trading in grains was light, price fluctuations small, on the St. Louis Merchants Exchange during the Saturday session, January 23, 1915. The brokers, as they stood in small groups around the sample bins and the quotation boards, had opportunity to discuss the sensational venture on which one of their Exchange members had embarked. The newspapers that morning carried the story that the W. L. Green Commission Company, one of the oldest and most respected firms on the Exchange, had the day before shipped a cargo of foodstuffs on board the steamship Wilhelmina from New York, bound for Hamburg. This was reported to be the first food shipment from America to Germany since the war began, and would furnish a test case involving the British “blockade”.
Consular Immunities: the Kasenkina Case (U.S.–U.S.S.R.)
Authors: Preuss Lawrence
Published: April 2006

The recent Kasenkina and Samarin affairs, which led to a breach of consular relations between the United States and the Soviet Union, have raised a number of legal issues relating to the status of foreign consular officials. The legal principles involved, however, have been beclouded by widespread misunderstanding of the nature and scope of consular privileges and immunities, by obviously baseless charges made by the Soviet Government against that of the United States, and by the apparent reluctance of the latter to press to its fullest extent a sound legal case.
Immunity of Officers and Employees of the United Nations for Official Acts: The Ranallo Case
Authors: Preuss Lawrence
Published: April 2006

The first judicial interpretation of the immunities of staff members of the United Nations is contained in the decision of the City Court of New Eochelle, New York, in the case of County of Westchester on complaint of Walter Donnelly, Complainant, v. William Banollo, Defendant. The opinion in this ease, delivered on November 8, 1946, by Acting City Judge Sol Eubin, also contains the first judicial construction of the International Organization Immunities Act of December 29, 1945, which was designed, in part, to implement the provisions of Articles 104 and 105 of the Charter of the United Nations and any future conventions or agreements which might be concluded pursuant thereto.
Intervention: Individual and Collective
Authors: Fenwick Charles G.
Published: April 2006

Of all the terms in general use in international law none is more challenging than that of “ intervention.” Scarcely any two writers are to be found who define this term in the same way or who classify the same situations under it. To one writer it is the interference of one state in the affairs of another; to a second writer it is “ unwarranted” interference; to a third it is interference in the domestic or internal affairs of the state; to a fourth it is interference in external as well as internal affairs. Some writers include interference of a third state between two belligerents in time of war, by taking sides with one against the other; others include only interference between the parties to a civil war. Some include “ diplomatic intervention,” where the intervening state interferes in behalf of its citizens in cases of alleged denial of justice by the other state; others regard such interference merely as “ interposition,” since it does not involve an attempt to control the character of the foreign government but merely to influence its conduct. Many jurists regard all intervention as illegal; an American jurist constructs an entire volume on international law around the central theme of the right of intervention.
American Consular Rights in Communist China
Authors: Briggs Herbert W.
Published: April 2006

On November 20, 1948, Chinese Communist Party soldiers, without previous warning, cordoned the United States Consul General's office and the residential compounds of the consular staff at Mukden, China, and subjected the entire United States consular staff and their families to house arrest inside the compounds. The detention lasted over a year. For almost seven months the party was held incommunicado and subjected to numerous privations. Adequate water, light, medical care, and sanitary and roofing repairs were denied, mobility within the compounds was restricted, and members of the staff were subjected to badgering interrogations and examinations.
The Law of the Nuremberg Trial
Authors: Wright Quincy
Published: April 2006

On the afternoon of October 1, 1946, the International Military Tribunal at Nuremberg sentenced twelve of the twenty-two Nazi defendants to death by hanging and seven to imprisonment for terms ranging from ten years to life. Three were acquitted. Three of the six accused organizations were found to be criminal. The reading of these sentences was preceded by the reading, through the whole of September 30, of the general opinion of the Tribunal on the four counts of the indictment and, on the morning of October 1, of the opinion on the charges against each defendant.1 The Control Council for Germany considered applications for clemency for most of those convicted but did not grant them and carried out the executions of those sentenced to death on October16 with the exception of Martin Bormann who had not been found and Hermann Goering who had succeeded in committing suicide a few hours earlier. Thus came to an end what President Truman described as “ the first international criminal assize in history.” “ I have no hesitancy in declaring,” continued the President, “ that the historic precedent set at Nuremberg abundantly justifies the expenditure of effort, prodigious though it was. This precedent becomes basic in the international law of the future. The principles established and the results achieved place International Law on the side of peace as against aggressive warfare.” 2
The Twenty-Fourth Year of The World Court
Authors: Hudson Manley O.
Published: April 2006

The most significant event in the field of international judicial organization during the year 1945 was the adoption of the Statute of the International Court of Justice to replace the Statute of the Permanent Court of International Justice. The event marks at once an end and a beginning—closing a chapter of history which records an astonishing success, it opens a promising prospect for the continuance of the international administration of justice along precisely the same lines. Upon the termination of the Statute of 1920 the Permanent Court will technically cease to exist; but its place will be filled by a new Court so closely resembling the old one that the chain of continuity need not be broken and the accumulated experience need not be lost. If from a technical point of view it must be said that the Court of the future will be a new Court, from a practical point of view it is more accurate to say that the same Court will go on under a new name and with but slight modifications of its basic Statute.
The Taganak Island Lighthouse Dispute
Authors: Santos Vicente Abad , Lennhoff Charles D. T.
Published: April 2006

The Treaty of Peace concluded in Paris between the United States and Spain on December 10, 1898, ending the Spanish-American war, provided in Article III that “Spain cedes to the United States the archipelago known as the Philippine Islands and comprehending the islands lying within the following lines…” In another treaty concluded between the same countries on November 7, 1900, it was provided in the Sole Article that
The Colombian-Peruvian Asylum Case and Proof of Customary International Law
Authors: Briggs Herbert W.
Published: April 2006

The Judgment of November 20,1950, of the International Court of Justice in the Colombian-Peruvian Asylum Case provides a noteworthy illustration of the judicial technique employed in making a determination as to the existence or non-existence of a rule of customary international law in a particular case.
The Anglo-Norwegian Fisheries Case and Its Legal Consequences
Authors: Evensen Jens
Published: April 2006

On December 18, 1951, the International Court of Justice at The Hague rendered its judgment in the Fisheries Case between the United Kingdom and Norway. By ten votes to two the International Court declared “that the method employed for the delimitation of the fisheries zone by the Royal Norwegian Decree of July 12, 1935 is not contrary to international law.”
Preparatory Work for a Possible Revision of the United Nations Charter
Authors: Liang Yuen-Li
Published: April 2006

The question of undertaking preparatory work for a possible revision of the Charter of the United Nations was considered at some length by the General Assembly at its eighth session. It aroused widespread interest particularly in view of the provisions of Article 109, paragraph 3, of the Charter, which provides that the proposal to convene a general conference for the purpose of reviewing the Charter shall be placed on the agenda of the tenth annual session of the General Assembly if such a conference has not been held before that session.
The Schuman Plan Sovereign Powers of the European Coal and Steel Community
Authors: Vernon Raymond
Published: April 2006

Perhaps the easiest way to miss the legal significance of the Schuman Plan and the Treaty to which it gave rise is to study it in terms of familiar legal concepts. Like most really historical documents, the Treaty Constituting the European Coal and Steel Community,though conditioned by the legal concepts with which its drafters were familiar, makes history primarily because it takes a step beyond those traditional concepts.
The Netherlands Constitution and International Law
Authors: van Panhuys Jonkheer H. F.
Published: April 2006

On June 22 of this year important amendments to the Netherlands Constitution concerning the administration of foreign affairs came into force. As those amendments will not only be of interest to students of Netherlands constitutional law but also to those who are interested in the problem of the relationship between international and municipal law and modern tendencies in national constitutions in this respect, it might be useful to give a brief survey of these amendments and their background.
The Status of Formosa and the Chinese Recognition Problem
Authors: O’Connell D. P.
Published: April 2006

The question of recognition of the Central People’s Republic of China, and the withdrawal of recognition of the Nationalist regime in Formosa, is from time to time a matter of moment in the internal politics of certain of the Pacific nations. Few of the proponents of recognition would advocate handing Formosa to the mainland government; they would prefer the island to be internationalized, neutralized, or made independent under United Nations auspices and guarantee. In the policy discussions on the question, various views of the legal competence of the Allies or of the United Nations to dispose of Formosa have been advanced. It is the purpose of this paper to examine these views in turn and indicate on which view the question of Formosa’s future can be severed from the question of recognition.
Passage Through the Suez Canal of Israel-Bound Cargo and Israel Ships
Authors: Gross Leo
Published: April 2006

The purported nationalization of the Universal Company of the Suez Maritime Canal by the Egyptian Decree of July 26, 1956, refreshed the interest of the international community in the long-lingering dispute over restrictions imposed by Egypt on the passage of cargoes bound for Israeli ports and the prohibition of the passage of Israeli ships through the Suez Canal.
The Recent Judgment of the International Court of Justice in the Case Concerning the Aerial Incident of July 27, 1955, and the Interpretation of Article 36 (5) of the Statute of the Court
Authors: Caflisch Lucius C.
Published: April 2006

On July 27, 1955, an aircraft belonging to El Al Israel Airlines Ltd., making a scheduled commercial flight between Vienna and Lydda (Israel), penetrated over Bulgarian territory without previous authorization and was shot down by Bulgarian military aircraft. All the crew and the fifty-one passengers were killed. The ensuing diplomatic correspondence and negotiations producing no satisfactory results, the Government of Israel decided to submit the dispute to the International Court of Justice. Proceedings were instituted against Bulgaria by Application of October 16, 1957.
Subversive Intervention
Authors: Wright Quincy
Published: April 2006

A Joint Resolution was unanimously approved by the Senate and the House of Representatives of the United States on July 6 and 8, 1959, respectively. It was proclaimed by the President on July 17 and he designated the week beginning July 19, 1959, as “Captive Nations Week” to be observed “with appropriate ceremonies and activities.” The resolution cited, among other things that “the enslavement of a substantial part of the world's population by Communist imperialism makes a mockery of the idea of peaceful coexistence between nations” that “since 1918 the imperialistic and aggressive policies of Russian Communism have resulted in the creation of a vast empire which poses a dire threat to the security of the United States and of all the free peoples of the world” that “the imperialistic policies of Communist Russia have led, through direct and indirect aggression, to the subjugation of the national independence” of twenty-two states; that “these submerged nations look to the United States, as the citadel of human freedom, for leadership in bringing about their liberation and independence” and the enjoyment of “religious freedom” and “individual liberties” that “it is vital to the national security of the United States that the desire for liberty and independence on the part of the peoples of these conquered nations should be steadfastly kept alive” that “the desire for liberty and independence by the overwhelming majority of the people of these submerged nations constitutes a powerful deterrent to war and one of the best hopes of a just and lasting peace” and that “it is fitting that we clearly manifest to such peoples through an appropriate and official means the historic fact that the people of the United States share with them their aspirations for the recovery of their freedom and independence.”
Postwar Nationalizations and Alien Property in Bulgaria
Authors: Sipkov Ivan
Published: April 2006

1. In the course of the last decade, students of legal and economic questions have been attempting to throw some light on the problem of nationalizations in the Soviet satellite countries in general, and in Bulgaria in particular.
The “American” Antarctic
Authors: Hayton Robert D.
Published: April 2006

With the preparations for the 1957–1958 International Geophysical Year much in evidence, the long-standing dispute over the Antarctic shifts into a new phase. The preliminaries are nearly over. All of the nations seriously involved in the area are now in training for the exploratory and political (if not the legal) main events. In this study the lesser known Argentine and Chilean claims in the “American Quadrant” (0° to 90° West Longitude) will be given particular consideration, although the general legal propositions may be applied to the entire region. The purpose will be to set forth the major developments, the applicable law, and to suggest possible solutions, including those looked upon as more “political” than legal.
Treaties and Other Sources of Order in International Relations: The Soviet View
Authors: Triska Jan F. , Slusser Robert M.
Published: April 2006

Speaking before the American Society of International Law, Aleksandr Troianovski, the first Soviet Ambassador to the United States, summed up his views on the basic sources of order in international relations. He began by rejecting the idea of a “supernational support” for international law, since the source of the rules regulating the relations among nations “lies in the nations, and not in a superforce acting from above the nations.”
The Geneva Convention on the Continental Shelf: A First Impression
Authors: Young Richard
Published: April 2006

The Convention on the Continental Shelf, adopted at Geneva on April 26, 1958, by the United Nations Conference on the Law of the Sea, represents the first great effort to determine by an act of international legislation the scope of the continental shelf doctrine in international law. The fact that the Convention was finally approved by a vote of 57 to three, with only eight abstentions, is evidence both that a need for rules on the subject was generally felt and that the rules embodied in the Convention were considered on the whole acceptable.
Permanent Sovereignty over Natural Wealth and Resources
Authors: Hyde James N.
Published: April 2006

An event which awakened a lively interest on the part of the American business community in the economic activities of the United Nations occurred in December, 1952. A United Nations General Assembly resolution contained the proposition that “the right of peoples freely to use and exploit their natural wealth and resources is inherent in their sovereignty.…”
Protection of Private Foreign Investment by Multilateral Convention
Authors: Miller Arthur S.
Published: April 2006

Since the end of the first "World War—an event widely considered to mark a turning point in the development of international law—several suggestions have been made to negotiate a multilateral treaty aimed at the protection of private foreign investment.
The War Claims Act of 1962
Authors: Domke Martin
Published: April 2006

The War Claims Act of October 22,1962, is the culmination of legislative efforts of twenty years to provide for the adjudication and payment of claims to American individuals and companies for certain losses arising from World War II.
The Evolution of the European Convention on Human Rights
Authors: Weil Gordon L.
Published: April 2006

It is now over ten years since the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocol were completed.