bluuebunny/crossref_metadata_2025 huggingface dataset:
Bulgarian Independence
Authors: Scelle Georges
Published: April 2006

[Being the fifth part of a series of Studies on the Eastern
Question. The preceding parts appeared in the January, April and
July numbers of the Journal for 1911, and the January number for
1912.]

From the foregoing explanations, it will be seen that in the
Turko-Bulgarian arrangement relative to the question of independence, less
care was taken in regulating according to juridical principles the
transmission of the attributes of sovereignty than in an effort to reach a
financial compromise capable of conciliating opposing interests. We have in
particular considered the property of the public domain as a real property
for which the emancipated State must refund the accumulated outlay. This is
a curious idea for our times, when we have lost the habit of looking at the
public power in the light of patrimoniality. But this conception is
self-explanatory, if we but remember that we are in the Orient, in Turkish
territory where the coining of the attributes of sovereignty has always been
the rule, where the principles of the Middle Ages have survived longer than
anywhere else. And these conditions are self-explaining if we think of the
persisting uncertainty of the nature and the real meaning both of the Treaty
of Berlin and of the union of 1885 regarding Bulgaria and Rumeiia. From all
these conditions, there issues an impression of indecision and of
archaism.
Some Questions of International Law in the European War
Authors: Garner James W.
Published: April 2006

On February 4, 1915, the German Admiralty published the following decree:

The waters around Great Britain, including the whole of the English Channel, are declared hereby to be included within the zone of war, and after the 18th inst. all enemy merchant vessels encountered in these waters will be destroyed, even if it may not be possible always to save their crews and passengers.

Within this war zone neutral vessels are exposed to danger, since, in view of the misuse of the neutral flags ordered by the Government of Great Britain on the 31st ult. and of the hazards of naval warfare, neutral vessels cannot always be prevented from suffering from the attacks intended for enemy ships.

The route of navigation around the north of the Shetland Islands, in the eastern part of the North Sea, and in a strip thirty miles wide along the Dutch Coast are not open to the danger zone.
International Law as Applied by England in the War
Authors: Bentwich Norman
Published: April 2006

By the common law an alien is a subject of a foreign state who has not been born within the allegiance of the King: he is counted an alien friend if his sovereign or state is at peace, an alien enemy if his sovereign or state is at war with the King. By the Naturalization Act of 1870 an alien may: (1) take, acquire, hold and dispose of real and personal property of every description in the same manner in all respects as a natural-born British subject; (2) after five years’ residence in the United Kingdom and on giving proof that he intends to reside in the kingdom or serve under the Crown, obtain a certificate of naturalization by which he becomes entitled to all political and other rights, powers and privileges and subject to all obligations to which a natural-born British subject in the United Kingdom is subject, with the qualification that he may not be deemed a British subject within the limits of the country of his original allegiance, if, according to its laws, he has not ceased to be a subject of that state. (This last provision has been abrogated by the new Nationality Act of 1914, which came into operation in January.)
The Law of Hostile Military Expeditions as Applied by the United States
Authors: Curtis Roy Emerson
Published: April 2006

The manner of the performance of the duty of preventing hostile expeditions, and the means to be employed for that purpose, are matters largely or entirely for the discretion of the individual state. It cannot be said that any particular method is required or sanctioned by international law. This discretion is limited, however, by practical necessity and by the exigency of good faith.
Aerial-Land and Aerial-Maritime Warfare
Authors: Ellis Wilmot E.
Published: April 2006

Now that the conquest of the air has become an accomplished fact and the adaptability of aircraft to hostile operations has been fully demonstrated, the question of the necessary modifications of, or additions to the laws of warfare becomes a matter of present interest and importance. It would be as idle as presumptuous for any writer—no matter what his reputation or ability—to attempt the formulation of a complete code that takes into account a “law of the air.” Such a work could be satisfactorily accomplished only by an international conference after an exhaustive discussion and a nice adjustment of belligerent and neutral interests. Possibly the Third Hague Conference, scheduled to meet in 1915, may undertake the work; but wars do not wait on conferences, and hence a study of the subject in the light of recent developments may serve a useful purpose.
Some Questions of International Law in the European War
Authors: Garner James W.
Published: April 2006

By an order in council issued on the 4th of August, 1914, the British Government announced a list of articles which it proposed to treat as contraband “during the war with the German Emperor”; by an order of August 12th the first mentioned order was extended to the war with “the Emperor of Austria—King of Hungary,” and by an order of September 21st certain additions were made to the list of contraband articles published in the two preceding orders. By an order in council of October 29th the list of contraband articles in the earlier proclamations was withdrawn in consequence of the complaint of the Swedish Government that it included metallic ores, which were on the free list in the Declaration of London, and that the treatment of such articles as contraband would seriously injure Swedish trade. A new list was therefore substituted, from which ores were omitted.
A Practical Peace Policy
Authors: Schvan A.
Published: April 2006

The confusion of thought in which the modern world likes to dwell is nowhere greater than in those things which come within the survey of the peace movement. Even its most enthusiastic supporters are unable to show that their efforts have tended to make wars less frequent than heretofore. Neither can they prove that any nation has yet submitted a single question to arbitration over which it would have gone to war if the Hague Tribunal had not existed. They must honestly acknowledge that wars occur less often now than in the past, partly because a great number of questions, as, for example, those of nationality and of colonization, which formerly led to war have now, to a great extent, been solved, and partly because the civilized nations have reached such a stage in their development that they no longer are inclined to draw the sword for the comparatively unimportant objects for which they were unsheathed at a time when the death and ruin of thousands meant little to the government.
International Conference on Safety of Life at Sea
Authors: Wheeler Everett P.
Published: April 2006

In these days of wars which have engulfed almost all Europe it is a satisfaction to recall that thirteen nations sent their delegates to an international conference relating to safety of life at sea, no longer ago than December, 1913, and that they signed on the 20th of January, 1914, a convention which has been adopted by many of the nations and which was transmitted to the Senate of the United States by the President on the 17th of March. All the resources of human skill and science are now being used to destroy life. It is a pleasure to reflect that man has at one time been engaged in a more humane and, shall we not add, a more Christian undertaking.
The Outlook for International Law
Authors: Root Elihu
Published: April 2006

The incidents of the great war now raging affect so seriously the very foundations of international law that there is for the moment but little satisfaction to the student of that science in discussing specific rules. Whether or not Sir Edward Carson went too far in his recent assertion that the law of nations has been destroyed, it is manifest that the structure has been rudely shaken. The barriers that statesmen and jurists have been constructing laboriously for three centuries to limit and direct the conduct of nations toward each other, in conformity to the standards of modern civilization, have proved too weak to confine the tremendous forces liberated by a conflict which involves almost the whole military power of the world and in which the destinies of nearly every civilized state outside the American continents are directly at stake.
The Development and Formation of International Law
Authors: Nys Ernest
Published: April 2006

“Law in general,” says Montesquieu, “is human reason so far as it controls all the people of the earth, and the political and civil laws of each nation can only be considered as individual cases in which this human reason is applied.” Reason was held by the Romans to constitute one of the fundamental elements of law. Cicero announced the existence of “a veritable law, true reason (recta ratio), in conformity with nature, universal, immutable and eternal, the commands of which constitute a call to duty and the prohibitions of which avert evil.”

It is at present unnecessary to consider what influence the Stoic, Academic and Epicurean doctrines had on Roman jurisprudence, and it would be risky to support as absolutely final any view which might be expressed on the subject. During the last phases of the Republic there had already come to exist in the world’s capital a fusion of the different schools of philosophy; and traces of the Platonic teachings constantly appear in the expression of the great orator’s lofty thought.
The History of the Department of State IX
Authors: Pickering Timothy , Day William R. , Taft Wm. H. , Root Elihu , Hunt Gaillard , Palau C. , Rico Porto
Published: April 2006

The highest duty of an American diplomatic or consular officer is to protect citizens of the United States in lawful pursuit of their affairs in foreign countries. The document issued in authentication of the right to such protection is the passport.

Broadly speaking, the Department issues two kinds of passports — those for citizens and those for persons who are not citizens. Citizens’ passports are ordinary and special; aliens’ passports are for travel in the United States and for qualified protection abroad of those who have taken the first steps to become American citizens.

The citizen’s passport is the only document issued by the Department of State to authenticate the citizenship of an American going abroad. The Act of August 18, 1856, makes the issuance to one who is not a citizen a penal offense if it is committed by a consular officer. Before this law was passed the Department did not issue the document to aliens; but it was permitted to this government’s agents abroad sometimes to issue it to others than American citizens. The Personal Instructions to the Diplomatic Agents of the United States of 1853 said:

They sometimes receive applications for such passports from citizens of other countries; but these are not regularly valid, and should be granted only under special circumstances, as may sometimes occur in the case of foreigners coming to the United States.
Basic Elements of Diplomatic Protection of Citizens Abroad
Authors: Borchard Edwin M.
Published: April 2006

The diplomatic protection of citizens abroad is a comparatively modern phenomenon in the evolution of the state, in constitutional and in international law. Not until the legal position of the state toward individuals, both its own citizens and aliens, and of states between themselves, had become clearly denned in modern public law, did diplomatic protection become a factor in international intercourse. A discussion of the subject therefore involves a preliminary study of three distinct legal relations, first, between the state and its own citizen; secondly, between the state and aliens resident within it; and, lastly, the relations of states among themselves with respect to their rights over and their international responsibility for delinquencies toward aliens.
Some Questions of International Law in The European War
Authors: Garner James W.
Published: April 2006

The outbreak of the European War found hundreds of merchant vessels of belligerent nationality in enemy ports or on the high seas bound to or from such ports in ignorance of the existence of hostilities, having left their last port of departure before the outbreak of war. The short period antedating the outbreak of the war, during which hostilities may be said to have been imminent, and the suddenness with which the war burst out afforded little opportunity to such vessels to escape, and consequently large numbers were caught either in enemy ports or on the high seas proceeding innocently thereto or therefrom.
Some Legal Questions of the Peace Conference
Authors: Lansing Robert
Published: April 2006

I realize that any subject which has to do with the Peace Conference possesses at this time a peculiar interest not only to members of the legal profession but in fact to men of every avocation and every nationality.
Jurisdiction over Foreigners in Siam
Authors: James Eldon R.
Published: April 2006

The course of the development and modification of exterritoriality in Siam is so little known that an account of it may not be without interest to students of international law.
Treaties and the Constitutional Separation of Powers in the United States
Authors: Wright Quincy
Published: April 2006

The Constitution wholeheartedly accepted Montesquieu’s theory of the separation of the powers of government into three departments, and the courts have maintained as a fundamental principle of constitutional law that no department shall exercise powers properly belonging to either of the others. The treaty-making power is established in Article II of the Constitution dealing with the executive, and consequently treaty-making has been ordinarily considered one power of the executive department. It is, however, stated that “the executive power shall be vested in a President of the United States of America,” whereas the treaty-making power is vested in the President acting “by and with the advice and consent of the Senate — provided two-thirds of the senators present concur.” Furthermore “treaties made … under the authority of the United States” are “the supreme law of the land.” Thus, both by composition and function the treaty-making power appears to be fully as much legislative as executive, a situation emphasized by Hamilton in the Federalist.
The Settlement of Inter-State Disputes
Authors: Caldwell Robert Granville
Published: April 2006

It is the purpose of this paper to review the methods and the principles which have been involved in the quasi-international jurisdiction which has been exercised to settle the disputes which have arisen between the members of the great federations which have sprung from the British Empire of the seventeenth century. These methods have not only been widely copied in the past, especially by the various South American states and by Switzerland, but they are likely to become of compelling interest, if ever the world should apply the federal principle to the League of Nations of which we hear so much in these days.

As soon as the colonies were thickly settled on the Atlantic shore of what is now the United States, it was natural for them to become involved in bitter disputes about their conflicting boundaries and trade regulations. These controversies were settled either (1) by informal agreements between the colonies, which were sometimes sanctioned later by the Privy Council, or (2) in the more serious cases by the Council itself acting under the royal prerogative. Since the disputes were almost always concerned with the interpretation of charters which came at least nominally from the King, it was evidently proper that the same King in Council should sit as the arbiter in these controversies. Sometimes the Privy Council decided these issues in London; again it sent out commissioners to bring the parties into agreement on the ground. In every case the authority of the Council was looked upon by the distant colonists with the greatest jealousy, but its legal authority in such matters was never questioned. It is safe to say that from the authority of this administrative body is derived the quasi-international authority of every federal court in the world, except the German Bundesrath whose power to settle the disputes of the members of the German Empire has a wholly distinct origin in the Diets of the Confederation and of the Holy Roman Empire.
Punishment of Offenders Against the Laws and Customs of War
Authors: Garner James W.
Published: April 2006

The treaty of peace between Germany and the Allied and Associated Powers, signed at Versailles on the 28th of June, 1919, formally sanctioned the principle that individuals belonging to the armed or naval forces of the adversary, as well as his civil functionaries, are responsible under military law for offenses against the laws and customs of war and may be tried and punished for such offences.

The treaty declares that Germany recognizes “the right of the Allied and Associated Powers to bring before military tribunals persons accused of having committed acts in violation of the laws and customs of war.” It adds: “Such persons shall, if found guilty, be sentenced to punishments laid down by law. This provision will apply notwithstanding any proceedings or prosecution before a tribunal in Germany or in the territory of her allies.”

The treaty further requires Germany to hand over to the Allied and Associated Powers, or to such of them as shall so request, all persons accused of having committed an act in violation of the laws and customs of war, who are specified either by name or by the rank, office, or employment which they held under the German authorities, and to furnish “all documents and information of every kind, the production of which may be considered necessary to the full knowledge of the incriminating facts, the discovery of offenders, and the just appreciation of responsibility.
The International Organization of the Danube Under the Peace Treaties
Authors: Sherman Gordon E.
Published: April 2006

The peace conference held at Paris in 1919 was called upon to consider no question of wider political or economic significance than that of the ordering of navigation on those great rivers usually designated as international and of which the Danube affords one of the most striking examples. In the long progress of 1800 miles from its source eastwards to the Black Sea this river traverses or bounds the territory of eight extensive states displaying a route capable of beneficial exploitation on the part of every country in Europe. Rising on the easterly slope of the Black Forest hill region in the extreme south of Baden, where it is formed by the union at Donaueschingen of two small streams flowing southerly from points near Villingen and Furtwangen, the Danube pursues a general easterly course across Wurtemberg and Bavaria. At Ulm it is joined by the Iller and now becomes navigable.
Greek Interstate Associations and the League of Nations
Authors: Boak A. E. R.
Published: April 2006

The political achievements of the Greek people are so manifold and so important that any student of modern politics naturally is tempted to turn to ancient Greece to find the origin of, or parallels to, recent developments in his own field. And so there are not wanting those who would see in certain unions or associations of Greek states anticipations of the ideas which are incorporated in the newly constituted League of Nations. However, the view that any close parallel to the League of Nations existed in the ancient Greek world is due, I believe, to a misinterpretation or idealization of the character and aims of these ancient associations. Accordingly, in the present article I shall try to give a survey of the chief types of interstate associations that arose in ancient Greece, besides suggesting certain changes in their current English nomenclature, which is apt to mislead the casual reader as to their true character.
British Prize Court Decision in the Chicago Packing House Cases
Authors: Anderson Chandler P.
Published: April 2006

In November, 1914, four vessels of Norwegian register, the Kim, the Alfred Nobel, the Bjornstjerne Bjornson, and the Fridland, bound from New York to Copenhagen, were captured on their voyage by British warships and their cargoes were seized on the ground that the foodstuffs, which constituted the bulk of the shipments, were conditional contraband suspected of being destined for the government or armed forces of Germany.
The Capitulations of the Ottoman Empire and the Question of their Abrogation as it Affects the United States
Authors: Thayer Lucius Ellsworth
Published: April 2006

No problem which confronted the Lausanne Conference contributed more to its difficulties than that of “ the capitulations.” For almost four hundred years foreigners have enjoyed extraterritorial rights in the Ottoman Empire—rights which are anomalous when regarded in the light of the recognized principles of international law. Extraordinary privileges and immunities have become so embodied in successive treaties between the great Christian Powers and the Sublime Porte that for most intents and purposes many nationalities in Turkey form a state within a state. This regime has come to be known as “ the capitulations”: a code of legal reconciliation founded upon the immiscibility of Christianity and Islam; and a term of art alone descriptive of extraterritoriality in Turkey.
Seizures in Land and Naval Warfare Distinguished
Authors: Hudson Manley O
Published: April 2006

Recent efforts to codify the international law of war have tended to differentiate more sharply between land warfare and naval warfare. But it is still frequently difficult to say where land warfare ends and naval warfare begins, and too little assistance is to be had from the few writers who have attempted to draw the line. The need of a clearly drawn line is evident when the capture of private property is being considered, for very different considerations apply in the two kinds of warfare. If a capture is governed by naval law, perplexing problems of prize court procedure may arise; but a seizure governed by land law is free from all necessity for prize court adjudication and confers a title which without more may be asserted in a neutral country.
The International High Commission and Pan American Coöperation
Authors: McAdoo W. G.
Published: April 2006

In May, 1915, there assembled at Washington, on the invitation of the President of the United States, the First Pan American Financial Conference. It was attended by delegates from eighteen American Republics, and by leaders in industry and finance in the United States. The presiding officer was the Secretary, of the Treasury of the United States.
Territorial Propinquity
Authors: Wright Quincy
Published: April 2006

In an exchange of notes of November 2, 1917, between Secretary of State Lansing and Viscount Ishii, Special Ambassador of Japan, occurs the following paragraph:

The Governments of the United States and Japan recognize that territorial propinquity creates special relations between countries, and consequently, the Government of the United States recognizes that Japan has special interests in China, particularly in the part to which her possessions are contiguous.

That states are more interested in the immediate neighborhood of their frontiers than in remote parts of the world, and are apt to carry on a disproportionate commerce and intercourse or even to expand in such regions, are facts familiar to all students of history and diplomacy; but that geographical position should create special legal capacities is a doctrine perhaps more unfamiliar and seemingly in conflict with certain traditionally repeated maxims, such as the equality of states. If peculiar geographic relationship gives rise to peculiar legal privileges and responsibilities, an absolute equality of states can not be assumed, although equality before the law or equal protection of the law might still be recognized. The fact is unquestionable that on frequent occasions the geographic position of territory. has been offered and accepted as a justification for exceptional proceedings, admitted, in some cases, to be otherwise contrary to the requirements of international law.
Colonial Representation in the American Empire
Authors: Rodríguez Pedro Capó
Published: April 2006

Ordinarily we speak of an empire as a state governed by an emperor, as for instance, the two Napoleonic Empires in France. But in a broader and more modern sense, an empire is a powerful state which has wide and supreme dominion over extensive and outlying territories and countries inhabited by peoples usually of a different race, historical background and civilization. In this manner, we speak of an imperialistic nation when the policy of that nation, whatever its form of government, aims to create for itself a position of dominance and control over backward, weaker or helpless nations, territories or peoples.
Pan American Conventions on Industrial Property
Authors: Ladas Stephen P.
Published: April 2006

The Sixth International Conference of American States which met at Havana on January 16, 1928, adopted a resolution, proposed by the Argentine delegation, recommending to the Governing Board of the Pan American Union “ the calling of a special conference of representatives of the Union, to be held at such place and date as it may designate, for the purpose of studying in its amplest scope the problem of the Inter-American protection of trade marks.” 1 The conclusions of that conference are to be forwarded, through the medium of the Pan American Union, to the consideration of the different governments without the need of a later reference to the Seventh International Conference of American States.
Observations on the Monroe Doctrine
Authors: Hughes Charles E.
Published: April 2006

The postulates of our foreign policy were determined by the ideals of liberty. The dominant motive was the security of the Republic; it was a policy of “live and let live,” with no imperialistic designs or thought of aggression. There was a deep-seated conviction that the opportunities of a hard-won freedom would be threatened by the ambitions of European Powers constantly seeking their own aggrandizement by the forcible imposition of their will upon weaker peoples, and that the peaceful aims of the new nation could be achieved only by keeping clear of the toils of European politics and strife. It was this conviction of the necessity of maintaining an independe it position which led to the declaration of neutrality in 1793 despite the treaty of alliance with France, which had sprung from the exigencies of the Revolutionary struggle. The words of the Farewell Address were more than a solemn admonition of the foremost American patriot—they set forth principles which those who established our foreign policy held to be its corner stone.
Justiciable Disputes
Authors: Hedges Roberty Obke
Published: April 2006

A distinction, associated with the name of Westlake, has been drawn between legal and political international disputes, and this terminology appears to have found its way into the text-books. It formed the basis of the project for obligatory arbitration put forward by the Russian delegates at the First Hague Conference. At the present day, however, not only are the terms frequently employed in different senses, but there is considerable difference of opinion as to the utility of drawing such a distinction at all. A discussion of the question before an assembly of eminent American jurists resulted in the expression of many widely divergent views, and their deliberations indicate a notable absence of agreement both on this topic and on the closely related question of the basis of arbitration. Yet the whole question is one of fundamental importance, and so far from being a matter of merely academic interest, it has a direct practical bearing on any scheme for the extension of the principle of compulsory arbitration. The question of the justiciable character of disputes is an inevitable result of the movement in recent years in favor of general treaties of arbitration, providing for disputes of the future. It is notorious that the Second Hague Conference failed to solve the problem by an attempt to draw up “ arbitrable lists” of disputes, and it is doubtful whether a very satisfactory solution has been found by the more general definition of disputes of a legal nature laid down by Article 36 of the Statute of the Permanent Court of International Justice.
Extraterritoriality in China
Authors: Dennis William C.
Published: April 2006

The present issue of the Journal contains two enlightening articles dealing with the question of the abolition of extraterritoriality in China,1 written respectively from the American and the Chinese viewpoint.
The Red River Boundary Dispute
Authors: Carpenter W. Clayton
Published: April 2006

The Supreme Court of the United States is now bringing to a close a case
which has occupied its attention for five years, involving the boundary
along the Red River between Oklahoma and Texas. The principles of law
applied by the court were not new, but the facts to which they were applied
were complicated and interesting, both from historical and legal points of
view, and when taken in connection with the warmth of popular feeling along
the boundary, are perhaps worth recording in this JOURNAL, since they could
easily have given rise to actual warfare had the contesting sovereignties
been independent nations instead of members of the United States of
America.
The Mosul Dispute
Authors: Wright Quincy
Published: April 2006

The Mosul dispute involved the disposition of some 35,000 square miles of territory with a population of about 800,000. Iraq’s claim to the territory had been substantially supported by the unratified Treaty of Sèvres, but no agreement being reached at Lausanne in 1923, the treaty there negotiated and later ratified provided for maintenance of the military status quo and submission to the League of Nations Council, if nine months further negotiation proved fruitless.
The Vilna Dispute
Authors: Brockelbank W. J.
Published: April 2006

Of the many post war problems of Europe few have presented such difficulty as the problem of Poland’s boundaries with Lithuania. Article 87 of the Treaty of Versailles reads in part, “The boundaries not laid down in the present treaty will be subsequently determined by the Principal Allied and Associated Powers.”
The Third Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

As the Permanent Court of International Justice completes the third year of its activities, its r61e in the international life of our time and the prospect for its cumulating contribution to international law begin to stand out more clearly. During 1920, while its Statute was being drafted, the general conception as to its functions was more or less nebulous. In 1921, while the protocol promulgating the Statute was being ratified and while the judges were being chosen, doubts were still being entertained as to the need for the court and the opportunities which would be permitted to it. In 1922, the organization of the court, the promulgation of the rules of procedure and the handing down of three advisory opinions served to beget confidence. The year 1923 was such a busy one for the court, and the satisfaction with its five advisory opinions and its judgment in the Wimbledon case was so general that lawyers began to foresee great activities in store for it, and foreign offices began to count its existence a factor in current international affairs.
The Question of East Carelia
Authors: Kalijarvi Thorsten
Published: April 2006

Eastern Carelia is composed of the governments of Kemi, Archangel or the Provinces of Viena, Poventsa, Petroskoi, and the Olonets. It is bounded on the west by the eastern frontier of Finland, on the south by Lake Ladoga and the River Svir, on the east by Lake Onega and the White Sea, and on the north by the Arctic Ocean. It is about 300,000 square kilometers inarea with a population of about 175,000 people. Of these 134,000 are Carelians of the Fenno-Ugrian stock; and the remaining 41,000, who speak Russian to a greater or less degree, are Vepses, Carelians, Finns, Laplanders, and Russians.
The Registration and Publication of Treaties
Authors: Hudson Manley O.
Published: April 2006

In late 1917, when the Soviet Government of Russia published various documents from the archives of the Russian Foreign Office, an insistent demand was created throughout the world for the abolition of secret diplomacy. A volume of secret treaties was published in England in 1917 and in the United States in early 1918, and the consequent reaction of public opinion greatly influenced the current statements of the aims of the belligerents. In his address of January 8, 1918, President Wilson put the subject of secret diplomacy at the forefront in the “program of the world's peace” embodied in the Fourteen Points: “Open covenants of peace, openly arrived at, after which there shall be no private international understandings of any kind but diplomacy shall proceed always openly and in the public view.” It has since developed that these words may have been written without a knowledge of the contents of the secret treaties made by Allied Powers during the war; but they were largely responsible for the crystallization of the revulsion which followed the publication of the secret treaties into a determination that the end of the war should signalize the beginning of a new era in the conduct of international relations.
Presumption of Cessation of Citizenship: Its Effect on International Claims
Authors: Lambie Margaret
Published: April 2006

Although the Constitution of the United States declares in the Fourteenth Amendment that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States, Congress has enacted legislation affecting the diplomatic protection of citizens abroad which makes a material distinction between persons born in the United States and those who have been naturalized in this country. This distinction has caused considerable discussion as to the political status of naturalized American citizens against whom the presumption of cessation of citizenship has arisen by virtue of the provisions of Section 2, Act of March 2, 1907, and recently has been interestingly illustrated before international claims commissions.
Determination of Enemy Character of Corporations
Authors: Nohem Ralph A.
Published: April 2006

Much controversy has raged for a long period of time over the precise nature of what Wormser refers to as the “anatomy” of a corporation. Wormser himself defines a corporation as a “group of one or more persons authorized by sovereign authority to act as a unit and a personality in the eye of the law.” The definition indicates, on the one hand, that the act of incorporation creates a new person or entity, on the other that this new entity is in fact composite, made up of one or more pre-existing entities. The question arises, at what times will the court regard the corporate entity, and at what times will it look to the real persons who compose it ? A key to the solution of the problem is offered by Lord Mansfield. “A fiction of law shall never be contradicted so as to defeat the end for which it was invented, but for every other purpose it may be contradicted.” By the separate entity theory is meant that a corporation is to be regarded as an entity separate and apart from its corporators and that it is to be treated like any other independent person. That this is the theory of corporations generally accepted by the courts need hardly be proved. It will only be noted that the ruling English case on the subject is that of Salomon and Co. v. Salomon. In his opinion in that case Lord Halsbury said: “Once the company is legally incorporated it must be treated like any other independent person.”
The General Principles Governing the Termination of a Mandate
Authors: Evans Luther Harris
Published: April 2006

The problem of the withdrawal of the mandates system from a territory subject to a League of Nations mandate under Article 22 of the Covenant has aroused considerable academic controversy for a decade. Not until quite recently, however, did the problem receive a comprehensive investigation and solution by official organs of the League of Nations. The present article has the purpose of setting forth the pertinent facts of this investigation, and the general principles adopted as a result thereof, governing termination of mandates.
The Former Foreign Settlements in Korea
Authors: Noble Harold J.
Published: April 2006

The unsolved problems arising from the foreign settlements and concessions in China are of such a nature as to make a study of the former foreign settlements in neighboring Korea a timely contribution to the literature on the general subject. The very contrasts which the settlements in Korea present to those in China serve to clarify the problems in the latter country.
“Attachment to the Principles of the Constitution” as Judicially Construed in Certain Naturalization Cases in the United States
Authors: Hazard Henry B.
Published: April 2006

The recent decision of the Supreme Court of the United States that Madam Rosika Schwimmer, avowed “ uncompromising pacifist,” is not eligible to become a citizen of the United States has focused attention upon our naturalization laws and their judicial construction. Especial interest has been aroused in those provisions which prescribe the qualifications concerning the applicant's attachment to the principles of the Constitution of the United States.
The Amended Rules of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

Various changes in the organization of the Permanent Court of International
Justice, particularly in the arrangements for its sessions, were envisaged in the amendments to the Statute of the Court annexed to the Protocol for the Revision of the Statute, of September 14, 1929. This protocol failed to come into force in September, 1930, as planned. While it may yet come into force, that event may be postponed for several years. It would seem to require ratification by each of the forty-five states which have ratified the Protocol of Signature of December 16, 1920, as well as ratification by the United States of America. Only thirty-five states members of the League of Nations have now (May 1, 1931) ratified the protocol of September 14, 1929, and it may prove to be a difficult task to persuade the remaining eleven states to ratify promptly. Meanwhile, it has seemed desirable that the court itself should revise its rules in the direction of some of the changes which would have been effected by the amendments to the statute.
Problems Raised by the General Treaty of Inter-American Arbitration
Authors: Whitton John B. , Brewer John Withrow
Published: April 2006

We are witnessing today a remarkable evolution toward organized international justice. Such an evolution is inevitable in any permanent society of states, just as much as the growth of law and the establishment of organs of justice are inevitable in any lasting society of individuals. Our immediate and pressing interest in relation to this great development of international justice is this: What should be the r61e of our country? Shall the United States, faithful to the liberal arbitration policy which characterized her earlier history, adopt obligatory arbitration for the peaceful settlement of international disputes? This question may soon be determined when the Senate comes to consider the new Pan American Arbitration Treaty.
The Sinking of the I’m Alone
Authors: C. Dennis William
Published: April 2006

The sinking on the high seas of the Canadian registered schooner I’m Alone as a suspected rum runner resisting boarding for enquiry (visit and search) by the United States Coast Guard patrol boat Dexter after a two days chase from a point a short distance off the coast of Louisiana, has given rise to considerable discussion in the press of the United States and Great Britain, and suggests several interesting questions of international law and treaty construction.
The Legal Character of the Bank for International Settlements
Authors: Williams John Fischer
Published: April 2006

We are all of us today, even we international lawyers, disciples of Heraclitus. The international world shows itself so clearly in a “state of flux,” that a doubt on the central doctrine of that philosopher is no longer permissible. We theorists have therefore to take heed to build our doctrines on tendencies rather than on “facts” ; otherwise when we have finished constructing our systems, it may happen that the facts are no longer what they were when we began building, and the system is out of date before it is established.
The Hague Codification Conference
Authors: Miller Hunter
Published: April 2006

The Conference for the Codification of International Law which met at The Hague from March 13 to April 12, 1930, was the first international conference specifically called for that purpose.

In 1924 the League of Nations set up a Committee of Experts for the progressive codification of international law. The task of that committee was to select and propose for the first conference on codification a certain number of subjects within the field of international law. Three subjects, namely, Nationality, Territorial Waters and The Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners, were finally agreed on as the subjects to be considered by the first conference.
Our Policy of Non-Recognition in Central America
Authors: Anderson Chandler P.
Published: April 2006

The treaty obligation, which the Central American countries have imposed upon themselves, to refuse recognition to new governments established in those countries in certain specified circumstances, was first adopted in their General Treaty of Peace and Amity of December 20, 1907, and their supplemental treaty of the same date.2 The stipulations of these treaties were restated and consolidated in their later General Treaty of Peace and Amity of February 7, 1923, which treaty is still in force.3
Can an Anarchy be a State?
Authors: Baty Thomas
Published: April 2006

Even in this questioning age, when one is disposed to question everything, it may be taken as an axiom of international law that a nation must possess a government. To be a state, with the rights of a state, a people must occupy a definite territory, and they must have a government which can represent them to the outside world, and through which they can accept and discharge responsibility.
Inhibitions Upon the Treaty-Making Power of the United States
Authors: Potter Pitman B.
Published: April 2006

On several occasions in the years since 1919 delegates of the United States to international conferences have referred to constitutional arrangements in their country as inhibiting participation by the United States in the conclusion of international agreements of one type or another. Such action raises a problem of great theoretical or pure scientific interest and of great practical importance as well. It has been discussed by various students in the past, but the events or incidents of recent years seem to justify and even demand a reconsideration of the question; it is believed, moreover, that a new basis for solution of the problem can now be indicated which is of greater importance than has been revealed hitherto.
Armed Neutralities to 1780
Authors: Kulsrud Carl J.
Published: April 2006

It is frequently asserted even today that the armed neutrality formed by the Northern Powers in 1780 constituted the first organized effort by neutral states to secure freedom of navigation on the high seas. Likewise, it is said that this league was promoted by Catherine II of Russia for the express purpose of protecting neutral rights.
International Law and the Spanish Civil War
Authors: Padelford Norman J.
Published: April 2006

Insurrections and civil wars in Spanish territories during the past century have uniformly been productive of international complications and problems of international law. The present disturbance in Spain has been no exception to the rule. It is not strange perhaps that these crises have had such results considering the strategic locations and economic values of the Spanish domains, the maritime frontiers, the sizable merchant marine and navy, and the passionate and reckless manner in which arms have always been employed.
The Wal Wal Arbitration
Authors: Potter Pitman B.
Published: April 2006

The arbitration between Ethiopia and Italy, concerning the armed clash which occurred at Wal Wal, in the Ogaden, on December 5–6,1934, offers a number of interesting aspects to the student of international adjudication, and, indeed, to the student of international organization and procedure in general. In addition, the case should be recorded as such and for what it is worth while the materials are still available and while personal recollections of the incident are fresh.
English and American Courts and the Definition of War
Authors: Ronan William J.
Published: April 2006

In view of the increased interest in the problem of finding a legal definition for “war” or the “state of war” it seems worth while to consider briefly the hitherto rather neglected contributions to the subject by American and English courts. The problem of defining war has been effectively treated from several other viewpoints, but these English and American cases are worth examination for the further light they may shed on the fundamental questions involved. The fact that these decisions were in part prompted by the necessity of interpreting the phrase “war” or “state of war” in domestic statutes and that in all cases it is merely the voice of a national court speaking, need not detract from the value of the survey. The basis upon which judgment was rendered in most cases was (or at least was asserted to be) that of the law of nations, and, in the words of Chief Justice Marshall, the decisions of national courts “show how the law of nations, in a given case, is understood in that country.”
The Aaland Islands Question
Authors: Padelford Norman J. , Andersson K. Gösta A.
Published: April 2006

Among the problems recurrently agitating European chancelleries and military strategists is that of the status of the Aaland Islands. Located between Sweden and Finland athwart the entrances to the Gulfs of Bothnia and Finland, these islands long have played a role of importance in North European affairs which bids fair to increase in significance in the immediate future. The islands have a direct bearing upon the military and naval strategy of all countries bordering upon the Baltic Sea, and their status must be of concern to all nations having shipping interests in this region. The so-called Aaland Islands Question is now a complex of questions regarding sovereignty and title to the islands, as well as their neutralization and militarization.
Derivative Citizenship in the United States
Authors: Hover Ernest J.
Published: April 2006

Derivative citizenship may be defined as acquired citizenship; it is a
status of nationality not fixed by birth, but conferred thereafter through
the act of another. It is a form of indirect naturalization by operation of
law. In the United States, nationality is acquired derivatively by
foreign-born resident minors whose parents are naturalized, and prior to
September 22,1922, it was acquired by alien women whose husbands were or
became citizens.
Twelve Casebooks on International Law
Authors: Hudson Manley O.
Published: April 2006

Twelve casebooks on international law have been published in the United States, England and Canada during a period of slightly more than fifty years, and six of them have appeared during the last ten years.