bluuebunny/crossref_metadata_2025 huggingface dataset:
The Part of International Law in the Further Limitation of Naval Armament
Authors: Hyde Charles Cheney
Published: April 2006

Naval fleets are maintained by development and replacement because their possessors dare not fail to make provision for a maritime war in which they may be participants. No means yet devised and accepted for the amicable adjustment of international differences have removed from responsible statesmen a sense of the necessity of anticipating such a contingency. Despite increasing efforts in every quarter to cultivate wills for peace and abhorrence of armed conflict, as well as a desire to adjust grave differences by judicial process or through commissions of conciliation, war is still regarded as a contingency which must be reckoned with, and as one which is as dangerous as it is seemingly remote. In making provision as against a contingency which none would welcome or hasten, the governments of maritime states do not necessarily encourage war or indicate approval of recourse to it. A particular conference of maritime states may in fact uplift the hopes of prospective belligerents which resent and oppose agreements restricting recourse to measures and instrumentalities on which they expect to rely. On the other hand, general arrangements respecting belligerent activities may serve to lessen a zeal for war and to remove its very approach further from the horizon. Everything depends upon the ambitions of the states which consent to confer. The point to be observed is that agreements for the regulation of maritime war in so far as they purport to proscribe or check the use of particular instrumentalities or recourse to particular measures, are not to be deemed bellicose in design or effect. Such regulatory agreements are advocates of peace rather than of war. Moreover, as will be seen, they may be the means of encouraging states to reduce armaments which would otherwise be maintained.
The First Edition of Grotius’ De Jure Belli Ac Pacis, 1625
Authors: Reeves Jesse S.
Published: April 2006

Grotius was three times in France, each in widely contrasting circumstances. The first visit was in 1598–9, when at the age of fifteen he accompanied Count Justin of Nassau and Barneveld as one of the suite of these envoys from the States General of Holland to Henry IV. The second sojourn from 1621 to 1631, covers the period after his escape from prison at Loevestein, ten years spent, with the exception of the spring and summer of 1623, in Paris. The third from 1634 to 1645, is the period of his Swedish service, when he was Ambassador of Queen Christina to the Court of Louis XIII. Thus of the sixty-two years of Grotius’s life, one third was spent in Paris. It is the second of these French sojourns which now concerns us, for it was during this period that Grotius prepared and published his magnum opus, De Jure Belli ac Pacis.
The Ineligible to Citizenship Provisions of the Immigration Act of 1924
Authors: Parker A. Warner
Published: April 2006

The Immigration Act of 1924 provides that, with certain exceptions, “no alien ineligible to citizenship shall be admitted to the United States,” and carefully defines the term “ineligible to citizenship.”
The Mixed Claims Commission and German Property in the United States of America
Authors: Burchard Arthur
Published: April 2006

The United States of America, having refused to ratify the peace treaty negotiated at Paris in 1919 between the Allied and Associated Powers, on the one hand, and Germany on the other hand, commonly called the Treaty of Versailles, has, nevertheless, reserved to itself all the rights arising from the said treaty in the separate treaty of peace which was concluded between the United States of America and Germany on August 25, 1921, and ratified at Berlin on November 11, 1921, the treaty having been promulgated by the President of the United States on November 14, 1921. The clause containing the said reservation of rights reads that

Germany undertakes to accord to the United States and the United States shall have and fully enjoy all the rights, privileges, indemnities, reparations or advantages specified in the Joint Resolution of Congress of the United States of July 2, 1921, including all the rights and advantages stipulated for the benefit of the United States in the Treaty of Versailles, notwithstanding the fact that such treaty has not been ratified by the United States, [and] the rights and advantages stipulated …are those defined in Part X…
The Far Eastern Republic: A Product of Intervention
Authors: Quigley Harold Scott
Published: April 2006

The circumstances which led to the creation of the Far Eastern Republic as a new Russian state on terms of such perfect amity with the mother country that it was recognized immediately by her and received her warm financial and diplomatic support run back to the revolutions of 1917 in Russia. In Siberia the March Revolution was heartily welcomed and the Zemstvos took over the government. The bulk of the population was content with the abolition of Tzarism but the minority of communists started a Bolshevistic propaganda which succeeded after the November revolution, due to the energy of the communists, the armed help of Moscow and the apathy of the peasants. There was, however, a second minority composed of supporters of the old regime and its opposition to the organization of a soviet system in Siberia led to civil war.
The Proposed Termination of the Iraq Mandate
Authors: Wright Quincy
Published: April 2006

The announcement on November 4, 1929, that Great Britain intended to recommend Iraq for admission to membership in the League of Nations in 1932 has presented some interesting constitutional questions to the Permanent Mandates Commission, as well as the unusual spectacle of a great Power seeking to convince a skeptical outside body that its dependency is ripe for independence. Heretofore, dependencies that wanted independence have usually had to fight for it, as did the United States, the Latin American States, Belgium, and the various successors to the Ottoman, Romanoff and Hapsburg Empires. It is true, Colombia and Panama, Sweden and Norway, Denmark and Iceland have separated without war but with some heartburnings. British statesmen experienced in the loss of colonies
by violence, talked freely in the mid-nineteenth century of the natural destiny of colonies to drop from the mother tree when ripe, and in the twentieth century they have acquiesced in a status of virtual independence for the dominions, soon to include India. They have rationalized this “ climbing process” as one “ common to all the communities which form part of the Empire. Each of them, whether the population is predominantly white or predominantly colored, is gradually, as it develops in strength and capacity,
passing upward from the stage in which the community is wholly subject to control exercised from London to that in which the measure of control diminishes, and so on to that in which the control has ceased entirely.”But this was after the event. Before it, history records military episodes in Ireland, India, South Africa, and even Canada.
Diplomatic Privileges and Immunities of Agents Invested with Functions of an International Interest
Authors: Preuss Lawrence
Published: April 2006

Recent tendencies toward the reduction of diplomatic privileges and immunities have been justified by the decreasing importance of the causes which have contributed to their establishment in their present exaggerated extent. The traditional distrust of diplomatic missions as instruments of espionage and intrigue has all but vanished, and has been supplanted by an appreciation of their functions as agencies for facilitating the pacific intercourse of states. The scrupulousness with which the diplomatic character is now respected and the growing security of the legal order in most states make possible a reduction of diplomatic prerogatives without jeopardizing the successful and independent fulfillment of the mission which it is their purpose to secure. The widest pretensions to exemption from the authority of the receiving state were advanced at precisely those times in which diplomats were in practice subjected to the greatest amount of interference and control. Doctrines of the seventeenth and eighteenth centuries, inspired by a reaction against contemporary conditions, have been incorporated into the customary law, which has lost its raison d'Ure to the extent that the historical factors which influenced its growth are no longer operative. The need of the envoy for independence exists today no less than formerly, but it no longer requires, as a condition of its guarantee, that complete immunity from the law and jurisdiction of the receiving state which has found a figurative expression in the fiction of exterritoriality. As a subject involving few of the political factors which have thus far proved to be insurmountable obstacles in the way of codification, the law of diplomatic privileges and immunities is eminently suited for restatement and amendment in the form of a general convention. Such a restatement, if it is not to be retrogressive, must be based upon the conception that the receiving state has rights, and the sending state duties, which are correlative to the obligations of the state of residence and the rights of the appointing state, alone emphasized in the existing law.
Political Arbitration under the General Act for the Pacific Settlement of International Disputes
Authors: Gonsiorowski Miroslas
Published: April 2006

The General Act for the Pacific Settlement of International Disputes, signed at Geneva, September 26, 1928, is intended to provide for the final settlement of every dispute, of whatever nature it may be. Chapter II is evoted to legal disputes, while Chapter III, Articles 21-28, lays down rules concerning the settlement of non-legal disputes. This idea of a recourse to arbitration for the settlement of purely political conflicts, which Chapter III puts forward, may appear to be inconsistent with a long evolution which has tended to emphasize the judicial character of arbitration. It is true that occasionally states have submitted such conflicts to an arbitral tribunal, but it is for the first time that a provision to this effect has been inserted in a multipartitetreaty. A treaty of this kind has a legislative character and exercises a great influence upon the development of international law. The importance of the General Act is all the greater since some twenty states, including three great Powers, have already ratified it. This treaty, which may be compared only to the Hague Convention,could largely contribute to a revision of the common conception of arbitration. Does it attempt to do so, or is it rather intended to leave this conception unchanged and to create a new method of pacific settlement? In either case, how should the new conception of arbitration be defined? Since purely political disputes cannot be settled by the application of a rule of law, are the powers of the tribunal unlimited? These questions deserve closer consideration, especially since the relevant provisions of Chapter III of the General Act have already inspired certain opinions which, it is believed, are not only contrary to the true meaning of this treaty, but also,if generally adopted, would destroy the very foundations of international arbitration. Now, one of the essential ideas underlying the General Act is not to impair in the least what has already proved useful, but to develop the existing means for the pacific settlement of disputes. Chapter III constitutes an important step forward. Its evolutionary character and its exact meaning can best be realized in the light of the practice of statesand of the jurisprudence of arbitral tribunals.
Procedure in Minorities Complaints
Authors: Roucek Joseph S
Published: April 2006

The treaties for the protection of minorities were not made under the illusion that they would take from the particular state the grave burden of settling the differences resulting from the divergent nationality of its citizens. In order to prevent the internal disputes and quarrels of the state from becoming the cause for intervention by other states, the treaties created special processes by which such disputes can be legally settled. With a view to the accurate application of these provisions it was indispensable to establish a method of procedure, a system which might very well be compared in the field of constitutional law to that of the organic decrees which are indispensable for the execution of certain of the principles forming the kernel of each constitution.
The New Isolation
Authors: Moore John Bassett
Published: April 2006

For some years it has been the fashion of certain coöperative groups and their organs, here and abroad, to dub as “ isolationists” all persons in theUnited States who were unable impulsively to accept certain plans and modesof action, by no means so untried as their proponents assumed them to be, as the instrumentalities of a new and peaceful world order. But, as Grotius sagely observes, it is easy to push things too far, and, by losing sight of what is fundamental, to go to extremes and assume untenable positions. In this way those who would, in the speed of their desire, leave others behind, may perchance find themselves in a state of isolation, with injury to the cause which all may wish to serve. In the present instance, the cause I particularly have in mind is that of international law.
American Participation in Belligerent Commercial Controls 1914-1917
Authors: Phillips Ethel C.
Published: April 2006

Even before most of the world was embroiled, the war of 1914 was a world war. Those countries which attempted at the outset to remain aloof from the conflict soon found that, while they might avoid military hostilities, they became parties, whether willing or not, to an economic war, a struggle scarcely less destructive than that which raged on the battlefield. National leaders might will the division of Europe into separate political or military units, but to break the economic ties which linked the warring countries to each other was an infinitely harder task. The truism that the world is economically interdependent, so blandly reiterated today, became grimly apparent in 1914. The demands of war could not be met without the continued exchange of commodities; no country was capable, by itself, of feeding and clothing its population and of supplying its fighting forces with arms and munitions. With the markets of Europe barricaded by belligerent lines, thus cutting off from both sides normal sources of large supplies, the neutral states became factors of immense importance. The war could not go on without the neutral merchant; each belligerent needed him, and a major objective of offense was to prevent the enemy from satisfying that need.
The “Committee of Experts” at the Lima Conference
Authors: Borchard Edwin
Published: April 2006

The Inter-American Committee of Experts for the Codification of International Law, created by resolution of the Seventh Conference of American States at Montevideo in 1933, met, for the second time, at Lima, Peru, from November 24 to December 21, 1938, after a preliminary exchange of views by mail. Of the seven members of the Committee, a quorum of four was present.
The Form and Function of the Declaration of War
Authors: Eagleton Clyde
Published: April 2006

In 1881–2, during discussions of a committee of the Board of Trade, which was considering the question of a tunnel under the English Channel, the following question was asked: “Is it possible that war would be declared against us, as we might say out of a clear sky, without any previous strain or notice that a quarrel was impending?” To answer this question, the Adjutant-General ordered a special investigation concerning the extent to which wars had been made without previous declaration. The report, when completed, evidenced the surprise of the author at the great number of undeclared wars, and incidentally remarked:

The most excellent general impressions as to what ought to be the mode of procedure by which statesmen give warning before they make war, will not be an adequate security for the freedom of a kingdom, if it is in fact true that under the excitement of popular passion or private ambition, rulers of armies or of armed nations have sometimes disregarded all obligations of the kind, and have, in the midst of profound peace, taken advantage of the confidence of their neighbors.
The Fifteenth Year of the Permanent Court of International Justice.
Authors: Hudson Manley O.
Published: April 2006

The fifteenth year of the Permanent Court of International Justice has been notable for several reasons. Because of the entry into force on February 1, 1936, of the amendments to the Statute annexed to the Protocol of September 14, 1929, it marks the beginning of a new period in the history of the Court. A consequence of the amendments was the adoption of new Rules of Court on March 11, 1936, and some modifications were made in the Court's practice. The year also saw several changes in the Court's personnel; one judge died, one resigned, and three new judges were elected. Moreover, the action of various governments during the year with reference to the Court protocols is to be noted as significant for the future of the Court.
Neutrality of the United States
Authors: Scott James Brown
Published: April 2006

Since the Treaty of Versailles—more in the nature of an armistice than a treaty of peace—we have from time to time heard rumors of wars; and today a state of war exists. Therefore neutrality is no longer a mere conception, it is a fact; and, as wars are contagious—at least they were a few years ago—many people there are who look upon a world war as a dread possibility, unless the present machinery of peace proves itself competent to bring about and to preserve peace.
The Seventh International Conference of American States
Authors: Scott James Brown
Published: April 2006

The Seventh of the Pan American Conferences was held at Montevideo, the
capital of Uruguay, from the 3d to the 26th of December last, so that it was
impossible to have comments upon its activities appear in the January number
of the JOURNAL. The undersigned is taking advantage of this opportunity to
say a word on certain phases of Pan-Americanism, and the observations, in so
far as they concern treaties or conventions, will be in the order in which
they appear in the Final Act.
Foreign Shipping During the Spanish Civil War
Authors: Padelford Norman J.
Published: April 2006

Among the problems most frequently arising in connection with insurrections and civil wars, are those relating to the status of foreign vessels in the areas of hostilities, and the rights of contesting factions to interfere with such vessels. According to international rules of conduct gradually evolved during the nineteenth century and generally enforced in time of civil disturbance,
contending factions enjoy the right to control the movements and activities of foreign shipping within territorial waters, but are not authorized
to go upon the high seas and there interfere with foreign vessels unless the states having jurisdiction over such vessels have recognized the belligerency of the contestants.1
The Seizure of the Danish Fleet, 1807: The Background
Authors: Kulsrud Carl J.
Published: April 2006

In 1805 Napoleon was confronted by the naval power of England, on the one hand, and by the vast military strength of Austria, Russia, and presently Prussia, on the other. The armies of the Continental states he had often defeated, but after every defeat these armies had been reorganized and augmented with the help of English gold. The source of that gold had to be destroyed. A military defeat of the British would accomplish that end and probably decide the issue of the war. Napoleon’s first idea was, therefore, to invade England. That dream was shattered by the English naval victory at Trafalgar, October 21, 1805.
Abuse of Terms: “Recognition”: “War”
Authors: Baty Thomas
Published: April 2006

It is a sophistry to which human nature commonly resorts, when one wants to perform an act and at the same time to avoid its necessary consequences, to give it a fresh name. Thus, if people wish to live in concubinage and yet to be received in decent society, they call it “companionate marriage,” and if statesmen wish to rule and exploit a country without conferring on its inhabitants the grand privileges of citizenship, they call the annexation “protection”; whilst if they desire to impose tariffs on trade, and at the same time to avoid the connotation of scarcity and dearness, they avoid the awkward word “protection,” and style the process “safeguarding.”
The Monroe Doctrine and the League Covenant
Authors: Spencer John H.
Published: April 2006

The recent changes effected in the foreign policy of the United States both as regards the relations of that State with its neighbors in the Western Hemisphere and as regards its position as a world Power have brought again to the fore the question of the validity of the Monroe Doctrine. There are reasons to believe that this traditional policy, if not completely repudiated by the very State which brought it into being, will, at least, remain uninvoked during some period of time. In fact, it would appear that in so far as it is concerned with the problem of intervention, the doctrine has been definitely rejected by the present administration through the so-called “good neighbor policy.” Furthermore, it has but recently been observed in the Congressional debates preceding the passage of the Neutrality Joint Resolution of August 31 of last year, that the imposition of an impartial arms embargo against belligerents would preclude the United States from applying the Monroe Doctrine in case a weak American State should be the object of aggression by a foreign Power.
The Attorney General Invokes Rebus Sic Stantibus
Authors: Briggs Herbert W.
Published: April 2006

On August 9, 1941, President Franklin D. Roosevelt proclaimed that the International Load Lines Convention of 1930 was no longer binding on the United States "for the duration of the present emergency." He based this unilateral suspension of the treaty on "changed conditions" which, he said, had conferred on the United States "an unquestioned right and privilege under approved principles of international law" to declare the treaty inoperative. The President's proclamation was made on the advice of Acting Attorney General Francis Biddle who had informed the President that: "It is a well-established principle of international law, rebus sic stantibus, that a treaty ceases to be binding when the basic conditions upon which it was founded have essentially changed. Suspension of the convention in such circumstances is the unquestioned right of a state adversely affected by such essential change."
Neglected Aspects of the Destroyer Deal
Authors: Briggs Herbert W.
Published: April 2006

On September 3, 1940, President Franklin D. Roosevelt sent to Congress a message in which he stated, in part:

I transmit herewith for the information of the Congress notes exchanged between the British Ambassador at Washington and the Secretary of State on September 2, 1940, under which this Government has acquired the right to lease naval and air bases in Newfoundland, and in the islands of Bermuda, the Bahamas, Jamaica, Santa Lucia, Trinidad, and Antigua, and in British Guiana; also a copy of an opinion of the Attorney General, dated August 27, 1940, regarding my authority to consummate this arrangement.
International Law and Social Structure
Authors: Niemeyer Gerhart
Published: April 2006

The crisis of practical international law has forced the science of international law to take stock of its most fundamental notions. Discussion is in full sway about the essence of international law, about its adequacy and its development, and about the factors conditioning its growth and effectiveness. Together with this survey of the entire phenomenon of positive international law, attempts are being made to revise the theoretical construction, the philosophy of, and the method of approach to, international law. The most persistent trend in this discussion seems to be toward a functional conception of international law. As yet there is no agreement as to the exact meaning of functionalism. Perhaps it is not even desirable to define this meaning too rigidly during this early phase of the discussion.
The Enforcement of Multipartite Administrative Treaties in the United States
Authors: Reiff Henry
Published: April 2006

Beginning with participation in the Cape Spartel Light Convention of May 31, 1865, the United States has become a party to about a hundred multipartite administrative treaties, including revisions and amendments of the same. The number of parties to a treaty varies with the treaty, from three or four, as in the case of the Fur Seals Convention of July 7, 1911, to ninety, as in the case of the Universal Postal Convention concluded at Cairo, March 20, 1934. The agreements, usually technical in character, deal with a variety of humanitarian, economic, and cultural subjects, ranging from agriculture to whales. Many of these agreements, such as those dealing with postal matters, publicity of customs documents, and publication of customs tariffs, are primarily of concern to administrative services.
The Law of Asylum with Respect to the Property of Refugees
Authors: Schmidt Folke
Published: April 2006

Modern international private law has adopted the hypothesis of the equality of foreign and domestic law. As Savigny says, the judge must apply the law of the place with which the case is connected without considering whether this law is that of his own country or of a foreign country.
The United States and International Agreements
Authors: Wright Quincy
Published: April 2006

There is no doubt but that the President can, with the consent of two-thirds of the Senate, make treaties binding the United States and compelling the House of Representatives, under penalty of sacrificing the good faith of the United States, to make such appropriations or to pass or to refrain from passing such laws as may be necessary to carry them out. The House has objected to being thus coerced on several occasions, but constitutional lawyers have not questioned the power of the President and Senate to act.
Italian Prize Courts (1866–1942)
Authors: Sereni Angelo Piero
Published: April 2006

The Italian Code for the Merchant Marine enacted in 1865, four years after the proclamation of the Kingdom of Italy, and which in part is still in force, was intended to regulate all legal aspects of navigation in peace and wartime. It therefore contained provisions (Arts. 225–229) dealing with prize jurisdiction. Article 225 provided: “Judgment on the lawfulness of captures and on seizures shall be pronounced by a special commission which will be appointed by royal decree according to the rules to be enacted by special regulation.”
The Status of the United States Forces in English Law
Authors: Schwelb Egon
Published: April 2006

It is proposed to deal in this article with the English law concerning the legal status of the United States forces present in the territory of the United Kingdom of Great Britain and Northern Ireland during the present war. The history of, and the controversies regarding, the legal position of friendly armed forces on foreign territory in international law remain outside of the scope of the present survey, which is devoted to the municipal aspect of the matter. In order, however, to give a picture of the whole body of English law applicable to the American forces we shall include a few remarks on the development of the question in English municipal and British imperial law, and it will also be necessary to compare the provisions concerning the United States forces with those regulating the status of the other allied and associated forces at present stationed in the British Isles, as well as with the provisions regarding visiting Dominion troops. As will be seen later there has been a certain amount of interdependence between international and interimperial relations with regard to the legal problem with which we are concerned.
The General Committee and Other Auxiliary Committees of the League Assembly
Authors: Calderwood Howard B.
Published: April 2006

On December 14, 1939, the twentieth Assembly of the League of Nations authorized the Secretary-General to convene its General Committee and empowered it to decide any question which the Secretary-General and the Supervisory Commission might submit to it until the next session of the Assembly. Since the Assembly also authorized the Secretary-General, with the approval of a majority of the Supervisory Commission, “to take any exceptional administrative or financial measures or decisions which appear necessary” until the next session of the Assembly, the purpose of providing for a meeting of the General Committee would appear to have been to enable measures or decisions other than administrative or financial to be taken if in the opinion of the Secretary-General they were necessary.
Jus Pacis Ac Belli? Prolegomena to a Sociology of International Law
Authors: Georg Schwarzenberger
Published: April 2006

The traditional system of international law is based on the distinction between the law of peace and the law of war. In the formative period of international law, thinkers were fully aware of the problems hidden behind this classification. Positivist writers took over these conceptions, framed against the background of a philosophical vista of society. Yet in their hands these terms lost their original significance. It is the purpose of this investigation to throw light on this process and to consider the relevance of this dichotomy into peace and war for the positivist and sociological approaches to international law.
Civil Aviation After the War
Authors: Goedhuis D.
Published: April 2006

The way the peace negotiators shape the new order in the air may well have a decisive influence on the fate of mankind for generations to come. When the peace negotiators come to consider the status of the airspace and the problems of air communications, there will be not only specific questions of commercial interest and the potential military value of these communications requiring their attention, but they will have to realize that, as the energies of more and more men seek scope in the air, resulting in a general outward impulse of the nations, issues of vital moment affecting the welfare of mankind are at stake. It is clear that the solution of this problem will be determined, to a great extent, by the solution of the problem as to the form or constitution of the new international political order, which is closely bound up with the future of the group-unit of power.
The Legality of the Annexation of Austria by Germany
Authors: Wright Herbert
Published: April 2006

The legality of the annexation of Austria by Germany under international law stems out from the peace treaties signed in the suburbs of Paris at the end of World War I. The Treaty of Versailles of June 28, 1919, between Germany and the Allied and Associated Powers.
The Legal Status of Aden Colony and the Aden Protectorate
Authors: Robbins Robert R.
Published: April 2006

The terms of Annex Three of the Anglo-Italian Agreement signed at Rome on April 16, 1938, focus attention, inter alia, upon the legal status of a vast area adjoining the British Crown Colony of Aden. Not only does this part of the agreement bring to the fore many questions relative to the Arabian Peninsula and the Red Sea region, but recent political developments in India as well have resulted in a change in legal status of Aden together with the Aden hinterland. These changes under the British Crown are important in a discussion of British jurisdiction in this area.
Postwar Commercial Treaties of the United States
Authors: Wilson Robert R.
Published: April 2006

On June 2, 1948, the United States Senate gave its approval to the conclusion by the Executive of two treaties of friendship, commerce and navigation. These were the first two treaties of this type signed by the United States since the cessation of hostilities in the second World War. Each of them had been foreshadowed in earlier treaties. The Treaty of Friendship, Commerce and Navigation with China, signed November 4, 1946, ratifications of which were exchanged November 30, 1948, was to carry out the purpose which China and the United States had recorded in Article VII of their Treaty for the Relinquishment of Extraterritorial Rights in China and the Regulation of Related Matters, signed at Washington on January 11, 1943. That with Italy, signed February 2, 1948, is the type of instrument apparently envisaged in Article 82 of the Peace Treaty with Italy.
The Turkish Straits in the Light of Recent Turkish-Soviet Russian Correspondence
Authors: Bilsel Cemil
Published: April 2006

It will be remembered that notes were exchanged between the United States, Great Britain, Soviet Kussia, and the Republic of Turkey on the subject of the Turkish Straits which it was desired during the Potsdam talks to link with the general problem of peace. It is our intention to discuss the problem of the Straits in the light of these notes.
The Twenty-Seventh Year of the World Court
Authors: Hudson Manley O.
Published: April 2006

The resumption of its judicial activity after a lapse of eight years was the outstanding feature of the twenty-seventh year of the World Court. A judgment rejecting a preliminary objection in the Corfu Channel Case was handed down on March 25, 1948, and the case was still pending at the close of the year. An advisory opinion on Conditions of Admission of a State to Membership in the United Nations was given on May 28, 1948; and late in the year the General Assembly requested an advisory opinion on Reparation for Injuries Suffered in the Service of the United Nations.
International Agencies in the Western Hemisphere
Authors: Masters Ruth D.
Published: April 2006

In the course of the last fifty-five years the countries of the Western Hemisphere have developed effective instruments and procedures for cooperative action in many fields of common interest. There is, in the first place, the official governmental machinery for hemispheric cooperation—the Inter- American system—which operates through thirty permanent agencies. There are, furthermore, some thirty-nine semi-official and private agencies (Inter-American, Caribbean, Latin American, and South American regional, as well as bipartite) which have been established in response to recommendations of general or special Inter-American conferences, under the auspices of the government of some one American state, or by private initiative. And, finally, there are seventeen official agencies created by joint action of two states to deal with problems of special interest to them. In all, there are now eighty-six international agencies in the Americas, over half of them governmental. An adequate presentation of this very extensive machinery for collaboration would exceed the scope of an article. We shall only attempt here to show the variety of common interests now served by international agencies in the Western Hemisphere. Of necessity, the description of individual agencies must be rather sketchy but detailed information concerning the history, purposes, internal administration, and accomplishments of all agencies here mentioned may be found in a volume which has just been published by the Carnegie Endowment for International Peace.
Notes on Legal Questions Concerning the United Nations
Authors: Liang Yuen-li
Published: April 2006

The purpose of this note is to survey the proceedings of the Security Council in regard to the Anglo-Iranian dispute brought before it, with particular reference to the question of domestic jurisdiction. For this purpose, only a brief account is given of the events which led to the submission of the dispute to the Council, as it is not intended to study the merits of the dispute.
Sedentary Fisheries and the Australian Continental Shelf
Authors: O’Connell D. P.
Published: April 2006

The Australian proclamations of September 10, 1953, claiming the continental shelf adjacent to the coasts of the Commonwealth and its Territories are interesting in several respects. They depart as to form from the British practice, and so suggest that the United Kingdom drafts have been found by the advisers to the Australian Government to be inadequate; they attempt for the first time to establish a specific relationship between the shelf and sedentary fisheries; and they raise the novel and yet important question of the competence of an Administering Power to extend the boundaries of a Trust Territory. The proclamations were issued only after careful consideration of previous claims and the academic controversies they have generated, and one may conclude from the text that, since the International Law Commission reported on the subject, the concept of the continental shelf and the character of the rights asserted in respect of it have crystallized, and that a definite pattern has now been set for future development of the law.
The Legal Status of Germany
Authors: Laun Kurt V.
Published: April 2006

Hitler had been recognized by all foreign governments. Also during the last war the recognition was not withdrawn. One has therefore to assume that, from the point of view of international law, Hitler was the lawful government and representative of Germany. For the purposes of this article we need not deal with the question whether, according to German public law, he came to power, for instance, by means of a coup d'état or a perjury.
The Doctrine of the Equality of States and its Recent Modifications
Authors: Weinschel Herbert
Published: April 2006

The doctrine of the equality of states has undergone gradual modifications, especially in more recent times—since the establishment of the League of Nations. The great Powers have probably at all times dominated the political scene, particularly during the nineteenth century. But since there existed no international organization, this predominance did not express itself in legal, but only in political terms, although it may at times have assumed a quasilegal status, such as in regard to the lawmaking provisions of various treaties of the nineteenth century, sponsored mainly by the great Powers, which acquired the character of general international law. It was only when international organizations were established, based on legal principles, that the dominant position of the great Powers received legal sanction.
John Marshall and Treaty Law
Authors: Dumbauld Edward
Published: April 2006

The enduring value of Chief Justice John Marshall’s contributions to international law is shown by the fact that during the bicentennial year of his birth the Supreme Court of the United States has had occasion in the course of current litigation to apply principles set forth in well-known decisions rendered by Marshall more than a century ago. Likewise there is timeliness, in view of current interest in “treaty law,” in Marshall’s pronouncements on that topic.
Legal Aspects of the Yalta Agreement
Authors: Pan Stephen C. Y.
Published: April 2006

The Far Eastern Agreement signed at Yalta at the very end of the Conference on February 11,1945, was frequently defended and criticized at the hearings held in April–May, 1951, on General MacArthur’s dismissal. Yet its legal status has not yet been adequately discussed.
The Treatment of Aerial Intruders in Recent Practice and International Law
Authors: Lissitzyn Oliver J.
Published: April 2006

Every state has complete and exclusive sovereignty over the airspace above its territory. Consequently, no aircraft is normally entitled to enter the airspace above the territory of a foreign state without the latter’s permission Does this principle—very firmly established in international law since World War I—mean that any aircraft entering without such permission 1 is completely at the mercy of the territorial sovereign ? Or does international law impose some restraints upon the latter in this matter?
The International Claims Commission of the United States: August 28, 1950- June 30, 1953
Authors: Rode Zvonko R.
Published: April 2006

Expropriation of property belonging to aliens in foreign countries was unusual prior to World War I. Occasional cases could be found, but such expropriation was always restricted to one or a few owners of property who, for various reasons, came into conflict with a foreign government. Wholesale expropriation of foreign-owned property began on a moderate scale in Mexico in 1915, and was later expanded in that country. Expropriation of all kinds of property, including foreign property, was introduced by Soviet Russia after the 1917 revolution. After World War I some Eastern European countries, such as Poland, Rumania, Czechoslovakia, and Yugoslavia, began to expropriate the large agrarian estates of the former German, Austrian, and Hungarian nobility and other rich landowners. These expropriations were, by the terms of the agrarian reform laws, based upon compensation to be paid by the respective states.
Legal Aspects of the U-2 Incident
Authors: Wright Quincy
Published: April 2006

The U-2, a high-flying United States reconnaissance plane under pilot Francis G. Powers, permanently based in Turkey, but taking off from Pakistan territory with intent to cross Soviet territory and land in Norway, came down near Sverdlovsk, well within Soviet territory, on May 1, 1960. Such flights had been carried on for four years under general orders of the President, following refusal of the Soviet Government to accept the “open skies” proposal made by the President at the Summit Conference of 1955, and after such flights had become operational in 1956. Apparently the Soviet Government had become aware of such flights through radar tracking.
Sanctions in International Law
Authors: Kunz Josef L.
Published: April 2006

Human conduct is regulated by a plurality of normative systems—religious, ethical, conventional and legal norms. Religious and ethical rules embody higher values and are sometimes more effective than legal rules.
Interhandel: The Court’s Judgment of March 21, 1959, on the Preliminary Objections of the United States
Authors: Briggs Herbert W.
Published: April 2006

In its Judgment of March 21, 1959, on the Preliminary Objections of the United States, the International Court of Justice held, by a vote of 9 to 6, that the Swiss application of October 2, 1957, requesting the Court to decide that the United States was under an obligation to restore the vested American assets of Interhandel or to submit the dispute to arbitration or conciliation, was inadmissible because Interhandel had not yet exhausted local remedies available in the United States courts.
The Postwar Alliances of Poland and the United Nations Charter
Authors: Skubiszewski Krzysztof
Published: April 2006

After the second World War Poland concluded six bilateral treaties of alliance and became party to one multilateral treaty of alliance. The bilateral treaties are treaties of friendship and mutual assistance signed with the Soviet Union, Yugoslavia, Czechoslovakia, Bulgaria, Hungary and Rumania.
Notes
Authors: MacChesney Brunson
Published: April 2006

Admiralty—Jones Act—choice of law
Ambatielos Case (Greece v. United Kingdom)
Authors: Bishop William W. , Lissitzyn Oliver J.
Published: April 2006

Arbitral Commission. March 6, 1956.

After the International Court of Justice held the United Kingdom under a duty to submit to arbitral decision the Ambatielos claim, this case was heard by a special arbitral commission which found in favor of the defendant United Kingdom, rejecting the Greek claim. The International Court of Justice ruled that the United Kingdom was under a duty to arbitrate only insofar as the Anglo-Greek Treaty of 1886 gave rise to the claim.
Voting on Important Questions in the United Nations General Assembly
Authors: Kerley Ernest L.
Published: April 2006

At its 681st meeting on October 25, 1957, the Fourth Committee of the General Assembly adopted a resolution which provided in part as follows:

The Fourth Committee

Requests the Sixth Committee to consider the following points and to give an opinion thereon to the Fourth Committee:

(a) Which is the voting majority that is applicable to resolutions of the General Assembly on matters concerning Non-Self-Governing Territories in accordance with Chapter XI of the Charter of the United Nations?

(b) Considering that matters concerning Non-Self-Governing Territories are not enumerated in Article 18(2), would it be in accordance with the terms of the Charter to submit a resolution on Non-Self-Governing Territories to a two-thirds vote if an additional category to that effect has not been established beforehand for the Non-Self-Governing Territories in the terms of Article 18(3)?
Introduction
Authors: Sohn Louis B. , Baxter R. R.
Published: April 2006

It is the purpose of the law of State responsibility to extend the protection of international law to those who travel abroad and to facilitate social and economic ties between States. regardless of its political or economic philosophy, can remain indifferent to mistreatment of its nationals abroad. In an interdependent world the well-being of many countries rests upon an influx of foreign funds and managerial skills, the owners of which must be given effective protection against unjust prosecution or discrimination.

Responding to this need, international law has developed over the last two hundred years standards and procedures designed to protect the life, liberty, and economic security of nationals of one State who live or conduct business activities.in another State. The General Assembly of the United Nations decided in 1953 that “it is desirable for the maintenance and development of peaceful relations between States that the principles of international law governing State responsibility be codified,” and requested the International Law Commission to undertake this codification. The Commission appointed as rapporteur for that subject Dr. F. V. García-Amador, who has submitted to the Commission six excellent reports on various aspects of State responsibility.
Reflections Upon the Political Offense in International Practice
Authors: Evans Alona E.
Published: April 2006

The political offense represents a controversial dimension of criminal law which encompasses as many degrees of chicanery, expediency, and misery as any aspect of human experience within the realm of the law.
German and Swiss Cases
Authors: Oliver Covey
Published: April 2006

German and Swiss Cases. September 30, 1960.

4 St R 242/60. Juristenzeitung 1962, p. 28 et seq.

The accused, a former officer in the German Army, was convicted of murder and sentenced to life imprisonment at hard labor for participating in the shooting of Russian slave laborers at the end of March, 1945.