bluuebunny/crossref_metadata_2025 huggingface dataset:
The Interpretation of Treaties by The Permanent Court of International Justice
Authors: Hyde Charles Cheney
Published: April 2006

The pages that follow embody the fruits of an examination of the work of the Permanent Court of International Justice as an interpreter of treaties. For sake of clearness and simplicity the pertinent cases are dealt with in a few familiar groups.
The Closure of Ports in Control of Insurgents
Authors: Dickinson Edwin D.
Published: April 2006

The case of the Oriental Navigation Company, decided October 3, 1928, by the Claims Commission established between the United States and Mexico, has brought up anew the difficult question of the de jure government's right to close ports which are at the time in the de facto control of insurgents.
Some Legal Consequences if Extraterritoriality is Abolished in China
Authors: Wright Quincy
Published: April 2006

On December 30, 1929, a manifesto was issued by the Chinese Minister of Foreign Affairs stating that “The Chinese Government is compelled to declare that the year 1930 is the decisive time, and that the actual process of reestablishing Chinese sovereignty by the abolition of extraterritoriality begins on January 1. With that in view it will undertake measures designed to release the sovereign rights of China from the trammels of extraterritoriality, and has accordingly ordered the Executive Yuan and the Judicial Yuan to instruct the ministries concerned to prepare a plan for this purpose.” While this indicates a determination to hasten the abolition of extraterritoriality, it also indicates a desire to do so by a legal process. It has been recognized that the conclusion of new treaties is the appropriate process and this method has actually been illustrated by treaties conditionally eliminating extraterritoriality with Belgium, Italy, Denmark, Portugal and Spain. These treaties were made under normal conditions and probably indicate the kind of treaty China would like to conclude with the remaining Powers enjoying extraterritoriality.
Aviation and International Law
Authors: Hudson Manley O.
Published: April 2006

The first thirty years of the nineteenth century saw the beginnings of a great revolution in transportation and communication. Improvements were introduced which in time greatly changed the daily lives of people throughout the world, and made it possible for their efforts to reach out as never before in human history. The change was nowhere more significant than in its effect on international society. A century ago, the railroad, the steamship and the telegraph so extended the range of human action that national organization ceased to correspond with the activities of many peoples, and the state system upon which the nineteenth century dawned was greatly modified by the progress made in international organization before the century had passed. Certainly no period up to that time had produced such changes as those which began in the decades between 1800 and 1830.
Japan and Jehol
Authors: Williams E. T.
Published: April 2006

Japan's attempt to include the Province of Jehol within the boundaries of so-called Manchukuo, if successful, is likely to be followed by serious consequences to China and to other nations as well. The southern boundary of Jehol coincides very nearly with the line of the Great Wall. Japan's action at Shanhaikuan and subsequent to the seizure of that place would seem to indicate her desire to make the Great Wall the boundary between Manchukuo and China. Even if Japan should evacuate Shanhaikuan, she will undoubtedly attempt to hold the passes between there and Kupeikou, which is at the southwestern comer of Jehol Province.
The First Conference for the Codification of International Law
Authors: Hudson Manley O.
Published: April 2006

The First Conference for the Codification of International Law met at The Hague on March 13, 1930, and closed its sessions after a month of hard work on April 13, 1930. The results achieved are somewhat meager, so far as they are embodied in signed instruments, but on the whole they need not be discouraging to those who see a need for the clarification an systematization of the customary international law through a process of codification. It is perhaps too early to attempt a thorough appraisal of the progress made by the Conference, but it is possible to review what it accomplished, to set out some of the Hmitations within which it functioned, and to sketch the prospect which has been opened for a continuation of its work at future conferences.
Responsibility of States for Damages Caused in their Territory to the Person or Property of Foreigners
Authors: Hackworth Green H.
Published: April 2006

From time to time since the middle of the nineteenth century various efforts have been made to codify international law. Most of these have dealt with administrative and international private law (the conflict of laws) and more particularly with the laws of war and neutrality. Some of these efforts, particularly those of jurists of the Western Hemisphere, have, included in their scope the whole field of public and private international law. It was, however, left for the League of Nations to launch upon a world-wide effort to place in code form those rules which are regarded as the body of law on three important subjects of public international law. These efforts culminated in the Codification Conference held at The Hague from March 13 to April 12, inclusive, 1930. The three subjects before that Conference were Nationality, Territorial Waters, and Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners.
Étienne Dolet on the Functions of the Ambassador, 1541
Authors: Reeves Jesse S.
Published: April 2006

The short tractate De officio legati by Stephanus Doletus (Étienne Dolet) was printed by the author at his printing establishment at Lyons in 1541. All books with Dolet’s imprint are rare, many of them having been destroyed as heretical. From his press at Lyons between 1538 and 1544 proceeded 84 titles, no one library possessing more than a fraction of the total number bearing his imprint.
Prize Law and Modern Conditions
Authors: Baty Thomas
Published: April 2006

It has been the peculiar glory of the United States in history to be a great neutral Power and the champion of neutral rights. From the earliest days of the republic, the sentiments of her statesmen, of Washington and Hamilton no less than of Jefferson and Franklin, were whole-heartedly for peace and neutrality, for the protection of the merchant against the soldier. And throughout the nineteenth century, the world acclaimed neutrality with her, and regarded the United States as the standing exemplar of a Peace Power. It was recognized that there might indeed be excusable wars, just wars, necessary wars. But the ideal of the nineteenth century was peace. Just and necessary as his cause might be, the belligerent was an ipso facto nuisance. He must be allowed to interfere as little as possible with the peaceful affairs of the world. On any doubtful question of interference with neutral commerce, the presumption was against him. He had always been a nuisance, and he was coming to be an anachronism. As an anachronistic nuisance, the scales were heavily poised against a belligerent.
The Dispute Between Denmark and Norway Over the Sovereignty of East Greenland
Authors: Preuss Lawrence
Published: April 2006

With the submission to the Permanent Court of International Justice of the dispute over the sovereignty of East Greenland, a controversy of long standing between Denmark and Norway approaches a solution. The question first became acute in 1919, but an understanding of the conflicting claims upon which the parties rest their cases can be gained only by an examination of the more remote historical factors involved. Without attempting definitive opinions in a case concerning which complete information is not available, the writer wishes to examine the various claims which have been advanced, and to evaluate their relative importance in the settlement of the dispute.
Procedure Under the Minorities Treaties
Authors: Stone Julius
Published: April 2006

It is not necessary to make a profound study of the work of the League of Nations in the sphere of minorities protection to realize the importance of the I Minorities Section of the Secretariat, of the minorities petition and of the Minorities Committees (usually called “the Committees of Three”). Indeed it is difficult to imagine how the guarantee of the League could have been given substantial reality without these three institutions. At first sight it would appear remarkable that the treaty articles upon which the present procedure is based should make not the slightest mention of any provision concerning these institutions. This is nevertheless the fact. All the rules (with only one exception) concerning the functions of the Minorities Section and of the Minorities Committees and the nature of the minorities petition have been established unilaterally by resolution of the Council.
The Twelfth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

The twelfth year of the Permanent Court of International Justice has not been marked by a large number of judgments and opinions, but in the Eastern Greenland Case the Court had the greatest triumph which it has achieved down to this time. During the year 1933, the Court was in session for 178 days. The 26th session of the Court, which had begun on October 14, 1932 and in which a recess was taken on December 16,1932, was resumed on January 16, 1933, and continued until April 5, 1933. The 27th session, the ordinary annual session, began on February 1 and continued until April 19, 1933. The 28th session was held from May 10 to May 16, and the 29th session from July 10 to July 29,1933. The 30th session began on October 20, 1933, and continued until December 15,1933.
Canadian Immigration: The Law and its Administration
Authors: Angus H. F.
Published: April 2006

The power of making laws with respect to immigration into Canada is given by the British North America Act to the Parliament of Canada. But under the provisions of the same act the legislature in each province may make laws in relation to immigration into the province which shall “have effect in and for the Province as long and as far only as” they are “not repugnant to any Act of the Parliament of Canada.” This power of a provincial legislature is not without restrictions, for the “Governor-General of Canada in Council within one year of the receipt of an authentic copy of an Act of a Provincial Legislature may disallow the Act, in which case the Act is annulled from and after the day on which the Lieutenant-Governor of the Province signifies the disallowance by Speech or Message to the Legislature or by Proclamation.”
British Control over the Export of war Materials
Authors: Atwater Elton
Published: April 2006

At a time when the subject of arms embargoes and arms export control is arousing considerable interest both at home and abroad, it is not untimely to examine the system of control which has developed in one of the chief arms producing and exporting countries of the world—Great Britain. Much attention has been devoted to the alleged evils of the international traffic in arms, and to the desirability of an effective government control over all armaments exports. Little consideration, on the other hand, has been given by writers to the question of how such control should be administered by a government, and what measures are actually involved. Taking the experience of Great Britain as a case study, the writer proposes in the following pages to trace the development of arms export control in that country, to examine the ways in which it has been administered, and to point out some of the difficulties which have been encountered. The present article may be looked upon, therefore, as a case study in the broader subject of national controls over the export of war materials.
Barcs-Pakrac Railway Co. v. Yugoslavia : Award of the Arbitrators Appointed by Resolution of the Council of the League of Nations of January 17, 1934
Authors: Guerrero J. G. , Mayer A. Politis
Published: April 2006

The petitioners’ railway was constructed in Hungary under a charter granted by the government in 1884. By a subsequent agreement, duly approved by the Hungarian Government, the operation of the railway was leased to the Siidbahn Co. for the entire period of the concession, on terms providing for the division of the receipts in certain percentages between the two companies.
The Sixteenth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

The sixteenth year of the Permanent Court of International Justice was not marked by a great increase in the volume of its jurisprudence, but three judgments were handed down and several events of importance are to be chronicled for this period.
Rectification of the Rio Grande in the El Pasojuarez Valley
Authors: Reinhardt G. Frederick
Published: April 2006

If one were to fly along the Rio Grande downstream from the city of El Paso, Texas, one would see stretching ahead for almost one hundred miles the construction works of an artificial river channel designed to replace the tortuous and meandering course of the old river. The rectification of rivers for purposes of flood control and general stability is an interesting but not a novel application of hydraulic engineering. This particular rectification project, however, enjoys the distinction of involving an international stream. One need not suggest the number of complex questions which must inevitably arise between two States undertaking to modify in this way a common arcifinious frontier. The background and development of this international plan, together with the treaty formulated to provide for and regulate the execution of the project, constitute a most interesting and unique example of contemporary international cooperation.
Fundamental Conceptions of International Law in the Jurisprudence of the Permanent Court of International Justice
Authors: Steiner H. Arthur
Published: April 2006

Even in the most highly formalized systems of jurisprudence the rules and practices of the law cannot be entirely separated from the fundamental conceptions of law underlying them. The legal systems of France, The Netherlands and Germany have not been formalized to so great an extent that there is neither occasion nor opportunity for the application of the law to be conditioned by concepts derived from juridical theory. Duguit and Geny, Krabbe, and Kohler and Stammler, in their various works, have made this quite clear. In Anglo-American law the fictions so abundantly found are often no more than concrete formulations of abstract fundamental concepts which judges have thought to be valid and consistent with policy and which they could not conveniently introduce into the law in any other way. That fundamental conceptions of the law may affect its development more than their logical consistency warrants has been amply illustrated in the common law, equity, and American constitutional law. What is true of well-developed systems of jurisprudence is no less true of international law. Fundamental conceptions have probably had a greater influence here, since theologic and scholastic philosophies explain many of the rules of modern practice, and the rules of current practice owe their very existence, in large measure, to the reconciliaation of the philosophical concepts of the State, sovereignty and independence with the conception of a community of nations and a rule of law.
The Thirteenth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

In some respects, the thirteenth year of the activities of the Permanent Court of International Justice has been in keeping with the tradition associated with that number. Though three sessions of the Court have been held, during part of the year the judges have not been kept busy; and possibly because of general conditions prevailing in the world, the activities of governments with reference to the Court have proceeded at a somewhat slackened pace.
The Codification of International Law
Authors: Brown Philip Marshall
Published: April 2006

One who was present during a discussion at Paris by President Wilson, Lloyd George, and Clemenceau concerning the subject of Mandates has stated that it was quite evident each was employing this novel term in a different sense. So it is with the term codification: like the Monroe Doctrine, whether you are in favor of it or opposed to it, codification is variously understood and interpreted. The discussions of the subject in the League of Nations in recent years indicate a serious divergence of opinion, although everybody would seem to favor some form of codification.
The Japanese Foreign Office
Authors: Colegrove Kenneth
Published: April 2006

The Japanese Foreign Office is no exception to the similarity in structure that characterizes the foreign offices of most modern States. On paper, the organization of the Gaimusho (Foreign Office) has little to distinguish it from corresponding departments in other countries. A different picture, however, is offered by the constitutional mise en scène of this important office. The relations of the Gaimusho to the Cabinet, and through theCabinet to the Imperial Diet, to the Privy Council, and to the Army and Navy, sharply reflect the pattern of the Japanese polity and gives the Foreign Office of Nippon a character which is in marked contrast to the same department in most parliamentary régimes.
Foreign Bondholdings in the United States
Authors: Clark J. Reuben
Published: April 2006

The Foreign Bondholders Protective Council, Inc., has issued its fourth Annual Report for the year 1937 in a volume containing some 790 pages.

The Report shows that during 1937 the Council was concerned with twenty-six situations in twenty different countries involving 254 bond issues of an approximate face value of $1,800,000,000. During the year two temporary adjustments were announced with Poland, two permanent adjustments with China, also permanent adjustments covering Uruguayan national and municipal bonds.
Grotius: Law of War and Peace
Authors: Wilson George Grafton
Published: April 2006

In the dedication of his great work, De Jure Belli ac Pads, to Louis XIII of France, Grotius addresses the king as “ everywhere known by the name Just no less than that of Louis. . . . Just, when you call back to life laws that are on the verge of burial, and with all your strength set yourself against the trend of an age which is rushing headlong to destruction; . . . when you offer no violence to souls that hold views different from your own in matter of religion; . . . when by the exercise of your authority you lighten the burden of oppressed peoples.”
Acquisition of Nationality in the Emergency Refugee Shelter
Authors: Levy Albert G. D.
Published: April 2006

Several families now living in the Emergency Refugee Shelter which the United States Government has established at Fort Ontario, in the state of New York, are expecting the birth of children in the near future. Will these children acquire American citizenship jure soli? Does the non-immigrant status of the parents derogate from the privilege of the children? And most important among the numerous questions involved, Does the so-called “refugee free port” constitute the requisite type of American territory?
The Old and the New League: The Covenant and the dumbarton Oaks Proposals
Authors: Kelsen Hans
Published: April 2006

The result of the conversations between the delegations of the United States, the United Kingdom, the Soviet Union, and China at Dumbarton Oaks, Washington, in the Autumn of 1944, is not a Charter for the international organization to be established after the war. It is only Proposals for such a Charter; these Proposals are, moreover, as Secretary of State Cordell Hull pointed out, neither complete nor final. They do not concern all subject matters to be regulated by the future Charter and do not present precise formulations of legal rules to be binding upon contracting parties. This work still remains to be done. Hence it may seem to be premature to compare the Dumbarton Oaks Proposals with the Covenant of the League of Nations. Such a comparison cannot do justice to the achievements at Dumbarton Oaks; it is justifiable only as an attempt to contribute some suggestions for the great task of drafting the definitive text of the future charter; it must not be taken as a conclusive criticism.
The Equality of States in Ancient China
Authors: Chen Shih-Tsai
Published: April 2006

The equality of states has been regarded as a basic principle of modern international law. It also constitutes an important source of friction among nations in the present world. For instance, Germany and Japan want equality of armament and colonial rights, France and the United States insist upon equality of security, and China desires the termination of her unequal treaties, while other states may have other aspirations.
James Brown Scott, 1866–1943
Authors: Finch George A.
Published: April 2006

Sensing that it might be an epilogue, as in fact it turned out to be, to his life’s work, Dr. Scott on April 1, 1939, wrote in the preface to the last of a long list of legal and scholarly volumes which bear his name as author or editor, as follows: “For nearly half a century, from the time of entering Harvard College until the present day, I have been deeply interested in the fundamental conceptions of law and of the state; and in later years it has been my good fortune to have had practical experience with the law of the state, and especially with the law of the international community.” Togive a brief account of any busy person’s life of fifty years would be difficult; to attempt to do so adequately for a man of Dr. Scott’s dynamic personality, vivid imagination, keen intellect, tireless energy, cultured mind, and human soul seems almost futile; for each of his active years one might write a separate article and not overdo the task.
The Emergency Advisory Committee for Political Defense
Authors: Spaeth Carl B. , Sanders William
Published: April 2006

The war and the present preoccupation with post-war plans have brought about a general awareness of the fact that the Americas have been a testing ground for the orderly organization of relations among sovereign states, especially in the development of cooperative principles and techniques. The construction of a political organization within which these principles and techniques could be consolidated has not, however, characterized the American experience. The Pan American Union, for example, is expressly denied the right to consider political or controversial questions, and proposals for the creation of a “league” or “association” of American states has met with courteous but definite coolness.
International Monetary Agreements
Authors: Nussbaum Arthur
Published: April 2006

The international implications of the money phenomenon were to some extent perceived as early as the time of some of the scholastics who found in the universal use of money an instance of the operation of the Law of Nations (jus gentium). The latter term, it is true, was employed by the scholastics rather ambiguously, covering also rules observed by all or most nations in domestic relations. A later writer of the seventeenth century, Samuel Rachel, went further. In his Dissertations on the Laws of Nature and of Nations (1676) he advances the idea that the international circulation of many coins—he mentions especially the Turkish Ducats—proves the existence of a Law of Nations in the modern sense of a law governing the relations among independent states.
Jurisdiction Over Friendly Foreign Armed Forces
Authors: King Archibald
Published: April 2006

There are at present armed forces of the United States in England, Northern Ireland, Egypt, Australia, New Zealand, New Guinea, China, India, Iceland, in British possessions in the Western Hemisphere from Newfoundland to British Guiana, and in other friendly countries. There are troops of Great Britain or her dominions in Egypt, Iraq, Iran, and a few of them in the United States. English forces were a few months ago in Greece, and ours in the Dutch East Indies and Burma. There are troops of various exiled governments in England. The armed forces of Germany are in Italy, Libya, Hungary, and Rumania; and those of Japan in French Indo-China and Thailand. In every case mentioned, the visiting forces are in the foreign country by invitation, or at least with the consent, of its sovereign or government.
International Law in Turkey
Authors: Bilsel Cemil
Published: April 2006

An editorial on the Turkish Institute of International Law by Professor Philip Marshall Brown, President of the American Peace Society, appeared in the October 1943 issue of this JOURNAL. I had the pleasure of publishing in the ULUS newspaper on the 23rd of February, 1944, a translation of this editorial, which contained the expression of many good wishes for our Institute no less than for Turkey itself and I was rewarded by seeing that it aroused great interest and profound gratification in learned and political circles in Turkey. Needless to say, this favorable comment on its inauguration and work, written by an authority in the most progressive country in the world, was recorded with deep gratitude and pride by our Institute.
De Facto and De Jure Recognition: The Arantzazu Mendi
Authors: Briggs Herbert W.
Published: April 2006

The familiar and confusing distinction between de facto and de jure recognition is made even more confusing in a recent British decision, The Arantzazu Mendi. The failure to understand the distinction between de facto recognition of a new state or government and de jure recognition, has been in part caused by a careless use of terms. “The subject has been unduly complicated,” writes Borchard, “by the chameleonic uses of the term de facto, which has been applied promiscuously to de facto authorities in the field, to governments not established by constitutional methods, and as an adjective to qualify recognition. …” Raestad notes that although “de jure recognition” is more or less equivalent to “recognition,” and a “dejure government” to “government,” the term de facto is used differently. What is the difference between (1) de facto recognition of a government, (2) recognition of a de facto government, and (3) recognition as a (or the) de facto government?
The Responsibility of States for International Propaganda
Authors: Van Dyke Vernon
Published: April 2006

The tendency in recent world history toward the establishment of political parties based on class or racial ideologies in which no place of respect is given to established territorial boundaries has greatly intensified the problem of the responsibility of states in connection with international propaganda. Two main questions arise: (1) Are states themselves obliged under international law to refrain from spreading propaganda in a foreign country hostile to its government? and (2) Are they obliged to use due diligence to prevent private individuals and organizations from engaging in such activity? The purpose of this study is to seek the answer to these questions through an analysis of the sources of international law referred to in Article 38 of the Statute of the Permanent Court of International Justice: (a) international conventions, (b) diplomatic exchanges, giving evidence of international custom, (c) general principles embodied in municipal laws and judicial decisions, and (d) the attitude of writers on international law. Treatment of the subject will begin here with the period of the French Revolution and will be limited to peace-time political propaganda. The problem is, of course, much older and broader than these limits suggest, but it is believed that their extension would not contribute materially to the purpose at hand.
Rights and Duties Under International Law
Authors: Wright Quincy
Published: April 2006

While recognized members of the community of nations are bound by the established rules of international law without any explicit act of acceptance, they cannot become bound by new rules without express or implied consent. International law and municipal law have different sources and sanctions, consequently a state’s municipal law cannot be taken as the measure of either its rights or its obligations under international law.
Notes on Legal Questions Concerning the United Nations Reparation for Injuries suffered in the Service of the United Nations
Authors: Liang Yuen-li
Published: April 2006

The International Court of Justice on April 11, 1949, gave its unanimous opinion that, in the event of an agent of the United Nations in the performance of his duties suffering injury in circumstances involving the responsibility of a Member (or a non-member) State, the United Nations as an organization has the capacity to bring an international claim against the responsible de jure or de facto government with a view to obtaining the reparation due in respect of the damage caused the United Nations. By a majority of eleven, with four judges dissenting, the Court also gave its opinion that the United Nations has the capacity to claim reparation due in respect of the damage caused to the victim or to persons entitled through him. The Court by ten votes to five gave its further opinion that when the United Nations as an organization is bringing a claim for reparation of damage caused to its agent, it can only do so by basing its claim upon a breach of obligations due to itself; and that respect for this rule will usually prevent a conflict between the action of the United Nations and such rights as the agent’s national state may possess, and thus bring about a reconciliation between their claims.
Two Armistices and a Surrender
Authors: Graham Malbone W.
Published: April 2006

The publication, on November 6,1945, of a series of documents embodying the terms of the armistice arrangements successively entered into between the Italian Government and the American and British Commanders in the Mediterranean area makes possible an accurate, if necessarily belated, evaluation of their form, content, and import. The text serve as an interesting and accurate record of the degree and intensity of cohesion of the coalition which Italy then faced in the field, and afford an insight into the variform problems which an armistice with a naval power inevitably raises. Because the laying down of Italian arms constituted the first concrete implementation of the concept of unconditional surrender the two armistices in which it was embodied offer an illuminating indication of the juridical form and content of “unconditional surrender” in 1943 with which the surrender instruments and orders of 1945 can be compared.
The Ninth International Conference of American States
Authors: Fenwick Charles G.
Published: April 2006

When the Eighth International Conference of American States met at Lima in 1938 it was planned that the Ninth Conference should meet at Bogotá, Colombia, in 1943. The outbreak of the war in 1939, however, called for emergency measures in the form of three consultative meetings of Foreign Ministers and a special conference held at Mexico City in 1945. The First Meeting of Foreign Ministers at Panama in 1939 laid the basis for the maintenance of continental neutrality in accordance with standards of neutral conduct formally set forth in the Declaration of Panama. The Second Meeting of Foreign Ministers, held at Habana in 1940, proclaimed the principle of mutual defense against an attack by a non-American State and adopted measures to prevent the transfer of territory in the Western Hemisphere from one non-American State to another. The Third Meeting of Foreign Ministers, called in January 1942 after the entrance of the United States into the war, called for the breaking of diplomatic relations with the Axis Powers and for other measures of continental defense against the subversive activities of agents of tbp Axis Powers. In 1945, a special conference assembled in Mexico City to consolidate the defensive measures of the American States and to make pla is in anticipation of the conference to be held at San Francisco for the establishment of a general international organization for the maintenance of peace. This was followed by another special conference held at Rio de Janeiro in 1947 in which the collective security provisions adopted at Mexico City were given permanent form in the Treaty of Reciprocal Assistance.
Justice and Law in the Charter of the United Nations
Authors: Chakste Mintauts
Published: April 2006

The position of justice and law in the international society organized under the Charter of the United Nations seems to have become a matter of controversy among scholars commenting on the Charter. Conflicting views on this matter have been expressed, and they seem to obscure one of the very basic problems arising from the Charter of the United Nations. Professor Clyde Eagleton maintains that “the Security Council was not restricted to legal principles, solutions, and procedures; security was set above justice, and the establishment of order was to precede the reign of law.” Senator Henri Rolin, Delegate of Belgium to the San Francisco Conference, expressed a different view by saying that ”with regard to peace, we felt the need to emphasize, that our first object was to be strong to maintain peace, to maintain peace by our common effort and at all costs, at all costs with one exception—not at the cost of justice.” Professor Alfaro, Delegate of Panama, seconded him. He stressed that “we will not maintain peace and security at the cost of justice; that is to say, sacrificing the rights of any nation.”
The Immunity of State-Owned Vessels in Swedish Judicial Practice During World War II
Authors: Jägerskiöld Stig
Published: April 2006

During the past few years Swedish Courts have repeatedly dealt with cases involving problems of international law of great general interest. Several of these cases have concerned problems of the immunity of ships owned by foreign Governments. Each case has presented characteristic peculiarities and difficulties of its own and as a result various legal aspects of the problem have been thoroughly examined by the courts. Apart from these purely legal difficulties the cases have usually been of a politically delicate character. There has thus existed the risk that foreign Governments would attempt to bring pressure to bear on the Swedish courts whose independence and objectivity have, therefore, frequently been severely tested. This circumstance renders an examination of Swedish judicial practice during the past few years particularly interesting. Owing to the importance of the problems dealt with from the point of view of international law and of the light they shed on the administration of justice in Sweden during a difficult period, a brief summary and analysis of the principal cases may be of some interest to the American public.
Settlement of International Disputes by Non-Judicial Methods
Authors: Metzger Stanley D.
Published: April 2006

Thoughtful exponents of the impartial judicial method for settling disputes among nations generally have been careful to avoid overstating its potentialities. Lauterpacht, Lissitzyn, and others have emphasized that the growth of impartial adjudication has been, and doubtless will continue to be, hampered by many obstacles. It has long been known, for example, that the “political” nature of many disputes makes them non-justiciable, since many nations are unwilling to entrust them to the judicial process through fear of losing.
The Quasi-Judicial Function in Recognition of States and Governments
Authors: Alexandrowicz–Alexander Charles Henry
Published: April 2006

For several generations past international lawyers have discussed the problem whether recognition of states, governments and belligerency is a matter of law or of policy. They have been unable to reach uniform conclusions. Some of them, like Professor Lauterpacht in his book on recognition, have advocated the view that there is a right to recognition and a duty to recognize.
The “Contractual Agreements” With the Federal Republic of Germany
Authors: Bishop Joseph W.
Published: April 2006

At Paris, on October 23, 1954, the United States, the United Kingdom, the French Republic (the “Three Powers”) and the Federal Republic of Germany, as part of the salvage operations following the collapse of the plan for a European Defense Community, signed a Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany. The first article of that Protocol provides that, upon ratification by the four signatories, the so-called Contractual Agreements with the Federal Republic of Germany, originally signed at Bonn on May 26, 1952, shall enter into force—with, however, certain amendments contained in five Schedules to the Protocol.
Delimitation of Seaward Areas Under National Jurisdiction
Authors: Boggs S. Whittemore
Published: April 2006

“… Since it is essential that all frontiers, whether on land or at sea, should be certain and definite, all rights which depend for their exercise upon territorial sovereignty must be valid up to a given line and there stop.” Very rarely, however, in treaties or in national laws are descriptions of water “boundaries” sufficiently precise to enable an engineer to lay them down on hydrographic charts, or to “demarcate” them in the waters themselves. About all one can say is that, if the base line is agreed upon, the outer limit of the territorial sea is acceptedas the envelope of the arcs of circles having a radius of three nautical miles (or any other agreed-upon limit) drawn from all points on the coast. The remark of Professor Riesenfeld may therefore be recalled: “It can probably be said without exaggeration that the law of territorial waters has been one of the most unsatisfactory portions of international law.”
Craftsmanship in International Law
Authors: Jenks C. Wilfred
Published: April 2006

During critical phases in the development of a legal system the quality of the craftsmanship which practitioners of the law bring to its service can have a decisive influence on the process of development and on the whole texture of the legal system resulting from that process of development. So it was when the great civilians transformed the law of an overgrown city state into the law of an imperial commonwealth; so it was when the glossators laid the foundations of the modern civil law; so it was when the Bench and Bar of England created the common law; so it is today in the case of international law.
The Chaotic Status of the Laws of War and the Urgent Necessity for Their Revision
Authors: Kunz Josef L.
Published: April 2006

Once more, as he did sixteen years ago, this writer wants to raise his voice in order to point at the actual chaotic status of the laws of war, at the grave inherent dangers, and at the urgent necessity for the revision of this part of international law. The problem involves the very survival of our Western Christian civilization, if not of mankind. Under these circumstances it becomes the duty of an international lawyer to treat this subject, notwithstanding its “unpopularity” since 1920. It was Grotius who, under the impression of the “total war” of thirty years urged upon men the necessity of the “temperamenta belli.” It is amazing to see that the men of this generation, living under a more terrible total war, turn their backs upon the laws of war. This neglect is the outcome of different and often contradictory ideologies: indifference, apathy, over-optimistic wishful thinking, political wishes to keep one’s hands free in the next war, and pessimistic fatalism. All the arguments for this neglect are untenable, are in contradiction with the law as well as the facts; and yet, strong drives by writers and statesmen have nearly succeeded in putting over men a veil of voluntary blindness in adopting a policy of the ostrich which may lead to disaster, to the return of new and more terrible “dark ages.” A full exposé would need a book, not an article. But while no full picture can be given here, it will be attempted to give, at least, a complete sketch, dealing with the law and the facts, with the arguments pro and con.
The Antarctic Settlement of 1959
Authors: Hayton Robert D.
Published: April 2006

The Antarctic is no longer the virtual unknown of story and legend. Though it will undoubtedly remain a frontier—as much of Alaska has remained a frontier—one consequence of the International Geophysical Year is that policy and operational affairs of the South Polar Regions have gradually become almost “orthodox,” that is, handled on a daily basis by government officials and institutions in the near-normal manner of dealing with any matter in modern bureaucracy and research.
The Geneva Conference on the Law of the Sea and the Right of Innocent Passage through the Gulf of Aqaba
Authors: Gross Leo
Published: April 2006

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.
The Initiation of Coercion: A Multi-Temporal Analysis
Authors: McDougal Myres S. , Feliciano Florentino P.
Published: April 2006

The confusion engendered by lack of clarity in fundamental conceptions such as “war,” “peace,” and “law” begins with, and is perhaps most clearly exhibited in, the traditional discussion of the many and disparate problems frequently subsumed under headings like “The Initiation of War,” “The Commencement of War,” “The Legal Meaning of War” and “State and Effects of War,” or under the simple query “When does war exist (or begin)?”
Interpretation by Public International Organizations of their Basic Instruments
Authors: Hexner Ervin P.
Published: April 2006

The operation of public international organizations and the development of that sector of substantive international law which such organizations administer require that an effective mechanism exist for the authoritative interpretation of their basic instruments.
Contemporary Practice of the United States Relating to International Law
Authors: Kunz Josef L.
Published: April 2006

Pursuant to §123 of the Atomic Energy Act of 1954, 68 Stat. 940 (1954), as amended, 42 U.S.C. 2153 (1959), the Agreement with the Government of the Argentine Republic Concerning the Civil Uses of Atomic Energy, June 22, 1962, T.I.A.S., No. 5125, required that materials transferred pursuant to that Agreement remain within the jurisdiction of the Government of the Argentine Republic or of a country with which the United States has an Agreement for co-operation.
State Breaches of Contracts with Aliens and International Law
Authors: Amerasinghe Chittharanjan F.
Published: April 2006

It has not been established with sufficient clarity and certainty whether a state commits a breach of international law by breaking a contract made by it with an alien. The question needs an answer. It is not one of an entirely theoretical nature. On the answer to it will depend many important consequences. There are four of special significance. First, if the breach of contract is characterized as a breach of international law, the final arbiter of the question whether there had been a breach of contract and of the extent of that breach would be an international court whether as a court of last resort or otherwise. This is the natural consequence of the fact that it is the organs of enforcement of international society that have the power of finally determining questions relating to the breach of legal norms belonging to that society. Municipal courts would not have the final decision. Secondly, the norms applicable by an international court in making such a decision would be the norms of international law and not necessarily the rules of a municipal system of law. International rules should, of course, be applied in determining whether there has been a breach of international law. Thirdly, questions of evidence and procedure relating to the contract would be governed by international law.
The Complexity of Sabbatino
Authors: Falk Richard A.
Published: April 2006

Banco Nacional de Cuba v. Sabbatino is a seminal decision, interpreting significantly the role of a domestic court in an international law case. At the same time, it avoids reaching definitive results. Very little is settled once and for all by the Supreme Court. This realization prompts caution. Sabbatino will not yield an authoritative interpretation, except, perhaps, as a consequence of subsequent Supreme Court decisions. A commentator must be content, therefore, with the less dramatic claims of provisional and partial analysis. Those that claim more are misleading us. The complexity of Sabbatino is almost certain to poison hordes of over-clarifiers who are descending upon this major judicial decision as vultures upon a freshly dead carcass.
Jurisdiction Over Foreign Merchant Ships in the Territorial Sea: An Analysis of the Geneva Convention on the Law of the Sea
Authors: Lee Luke T.
Published: April 2006

The conclusion of the United Nations Conference on the Law of the Sea in 1958 has occasioned many commentaries by authorities on international law. Scant attention, however, has been paid to that part of the Conference dealing with jurisdiction over foreign merchant ships in the territorial sea. This is surprising in view of the centuries-old controversy affecting the interests of a vast number of ship-owners and seafarers. Indeed, the importance of the width of the territorial sea would not have assumed such serious proportions but for the fact that its determination would secure for the coastal states jurisdiction over a specific portion of the sea.
Contemporary Practice of the United States Relating to International Law
Authors: Myers Denys P.
Published: April 2006

The Yugoslav Ambassador, concerned particularly with statements in the case of Arbulich’s Estate, 41 Calif. 2d 86, 257 Pac. 2d 433 (1953), cert. denied, 346 U. S. 897, digested in 48 A.J.I.L. 670 (1954), handed a note to the Secretary of State on April 18,1958, in which he asked for the Department of State’s understanding of the scope of Article II of the convention of October 14, 1881, for “facilitating and developing the commercial relations” of the two countries. In a reply dated April 24,1958 (file 211.683/41958) the Department of State concurred in the interpretation of the Yugoslav Ambassador.
The United States-Japanese Property Commission
Authors: Summers Lionel M. , Fraleigh Arnold
Published: April 2006

The United States-Japanese Property Commission is a recent example of the successful use of an international arbitral commission to settle disputes between sovereign nations.
The Netherlands Constitution and International Law
Authors: Van Panhuys Jonkheer H. F.
Published: April 2006

On June 22, 1953, important amendments to the Netherlands Constitution concerning the administration of foreign affairs came into force. Among the most radical probably was the recognition by our Constitution of the primacy of international agreements and of decisions of international organizations over rules of municipal law. This spectacular innovation inspired the editors of the Chicago Daily Tribune, when announcing this event in their issue of December 12, 1952, to choose as a headline: “Less than a Nation.”