bluuebunny/crossref_metadata_2025 huggingface dataset:
The Election of Members of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

The progress made in international organization during the course of the last decade is nowhere better illustrated than in the elections of members of the Permanent Court of International Justice. A generation ago, when the Permanent Court of Arbitration was created, following the meeting of the first Peace Conference at The Hague in 1899, no attempt was made to depart from the equal representation of all participating States; and the Convention for the Pacific Settlement of International Disputes of that year provides (Article 23) that each State may name four members of the Permanent Court of Arbitration. Nor did it prove possible to depart from that system at the second Peace Conference at The Hague in 1907; in the projet for a permanent court of arbitral justice which was drawn up at that time, no provision could be made for the election of judges of such a tribunal, because agreement could not be reached. The International Prize Court, provided for in the Convention of October 18, 1907, which was never ratified, was to be composed of judges and deputy-judges appointed by each of the contracting Powers. It was to have fifteen judges sitting at any session; those of the eight “Great Powers” were to sit in all cases, and the judges and deputy-judges appointed by other Powers were to sit “by rota” ; but this provision was not accepted by at least ten of the signatories to the convention. Here was a recognition of the special position of the great Powers, and an attempted compromise with the principle of equal representation which failed. In the years following 1907, an effort to have the same system applied in the selection of judges of a permanent court of arbitral justice proved abortive. In the Central American Court of Justice, existing from 1908 to 1918, one judge was selected by each of the States maintaining the court. So that in our entire experience before 1914, there was no indication of any successful method by which the members of a permanent international tribunal might be selected, apart from the equal representation of all States concerned.
Treaty Sanctions
Authors: Wild Payson S.
Published: April 2006

The events in Manchuria during the fall of 1931 have again focussed considerable attention upon the problems of treaty enforcement, a matter which has attracted great interest since Bethmann-Hollweg’s famous statement about “a scrap of paper” in 1914. The discussion and study of sanctions, of implementation and putting “teeth” into pacts and treaties, have been widespread since 1919, and two or three schools of thought have arisen in regard to this question, which is one of important current political and legal concern.
Reservation Clauses in Agreements for Obligatory Arbitration
Authors: Wilson Robert R.
Published: April 2006

The question of the form to be given to reservation clauses has long perplexed the advocates of arbitration treaties. The making of the new Franco-American treaty, action taken at the Sixth Pan American Conference looking to a conference on an American arbitration convention, and more recent discussion of plans for the prevention of war have re-emphasized the problem which has commanded chief attention during four decades of sporadic effort to establish obligatory arbitration on a treaty basis. Important extensions of the principle of obligatory reference have been effected in certain bipartite arrangements since the conclusion of the World War, largely through revision of old forms by which arbitral jurisdiction was limited. Built upon past experience, these extensions are the result of efforts to shape reservation clauses so as to modify them in the interest of state security, without at the same time nullifying, the arbitral engagements. The theory of reservation clauses has found application in a variety of forms. An examination of these forms in some representative modern agreements reveals the manner in which phrases now used have evolved and especially the development occurring since 1919.
National Subsidy of International Organs
Authors: Myers Denys P.
Published: April 2006

The forms of international organizations have been a result of practical considerations. They exist because the specific necessities or desiderata which have appeared in the national interests of states were best dealt with by some international machinery. Frequently the constructive idea has come from a particular government which was willing to sponsor whatever institution was required to give it reality. In consequence, most of the multilateral machinery which governments now use for their 60 or 70 cooperative activities are situated in national capitals and are dependent on particular governments for some of their functioning. Diplomatic courtesy has thus largely accounted for the present wide geographic distribution of international bureaus, commissions, and other organs; but since the constituent instruments have customarily provided for their limited financial support by all contracting states, and the functions of the host government have been formal or even honorary, dependence upon a single administration has seldom interfered with the functioning of official international organs.
Acceptance of the General Treaty of Inter-American Arbitration
Authors: Myers Denys P.
Published: April 2006

On April 1,1935, the Senate gave its advice and consent to the ratification of the General Treaty of Inter-American Arbitration signed at Washington January 5, 1929. An attached reservation was a revision of one of two reservations included in a resolution of advice and consent which the Senate had adopted on January 19, 1932. This is one of the somewhat rare instances of the reconsideration of a reservation by the Senate, in this case resulting in improvement of a condition imposed by that body.
The Proclaiming of treaties in the United States
Authors: Reiff Henby
Published: April 2006

The recent case of Factor v. Laubenheimer raised several interesting questions with regard to the date of effectiveness of the extradition treaty between the United States and Great Britain, signed at London, December 22,1931, and the effect, if any, of the President’s proclamation of the treaty upon its status as law of the land of the United States. Article 18 of the treaty provided that it was to “come into force ten days after its publication, in conformity with the forms prescribed by the laws of the high contracting parties.” Ratifications were exchanged at London, August 4,1932; the President issued a proclamation in the usual form containing the treaty, as of the date August 9,1932; but the British Government withheld the issuance of an Order-in-Council containing the treaty, apparently to avoid affecting the result in the Factor Case. Counsel for the petitioner argued that the treaty was in force, but the Supreme Court, without going into the merits of the contention, followed the State Department, which appeared not to have recognized the treaty as in force in either country. The court, after examining the terms of the 1931 agreement found that even if it had come into effect as contended it would not have abated the pending proceedings. In several previous cases incidentally involving Presidential proclamations of treaties, the court has also been able to dispose of the principal issues raised without pronouncing upon the status and effect of such proclamations. On some future occasion, perhaps, the court may find it necessary to rule squarely upon the relation of the President’s proclamation of an international agreement to its status in domestic law. The present discussion is devoted to an examination of that relation, which includes the date of effectiveness of a treaty; the history of the use of the proclamation; and the effect of the proclamation upon the status of the treaty as law of the land.
The Italian-Ethiopian Dispute and the League of Nations
Authors: Spencer John H.
Published: April 2006

It is apparent that an examination of the development of the Italo-Ethiopian dispute before the League of Nations which does not consciously take into consideration the political motives from which the conflict arose and by which its course was dictated must remain largely incomplete and to that extent misleading. In the present instance, however, the exclusion of such considerations is not only dictated by the necessity of compressing within reasonable limits an account which might otherwise unduly tax the patience of the reader, but is also suggested by the belief that an inquiry into the operation of the League before and during the crisis of that conflict might in and of itself prove desirable.1
International Coöperation of the U.S.S.R. in Legal Matters
Authors: Taracouzio T. A.
Published: April 2006

The term “judicial assistance,” as used in international law, involves some still unanswered questions. Should it be used to embrace all the elements germane to the expedition of the business of courts of law, including not only procedural matters, but the execution of judgments and extradition; or relate exclusively to judicial assistance in civil proceedings? To avoid creating confusion by the use of a term suggestive of several meanings, in the following examination of the Soviet practice in this regard, the expression “cooperation in legal matters” is resorted to as an all-inclusive term.
The Membership of the United States in the International Labor Organization
Authors: Hudson Manley O.
Published: April 2006

Though representatives of the United States participated very actively in the drafting of the Constitution of the International Labor Organization in 1919, and though the first International Labor Conference was held in Washington under the presidency of the Secretary of Labor, the Government of the United States had no part in the work of the International Labor Organization during its first fifteen years. In consequence, the United States has hitherto held aloof from one of the most significant of the modern developments of international law. Fortunately, this situation has now been changed. On August 20,1934, the United States became the fifty-ninth member of the International Labor Organization. The steps by which this result has been achieved, and the problems growing out of it, present some interesting legal questions which ought not to escape attention.
The Status of Outer Mongolia in International Law
Authors: Nemzer Louis
Published: April 2006

The steady decline during the last half-century in the degree of effective control wielded by China over the borderlands of her great empire has been accompanied by widespread confusion concerning the international position of these areas. Obscured through the establishment by foreign nations of numerous special concessions, spheres of influence, and protectorates, the exact legal relationship existing between the central authority of China and the governors of these territories has been a cause for frequent and vigorous debate. Those groups which have sought to advance the claims of their governments to wider concessions in these regions, and those publicists who have made unsubstantiated statements about the imperialistic aims of various states in these areas, have profited by this confusion. This condition of uncertainty regarding legal status, which exists in some degree with regard to each of the four Chinese dependencies, is markedly present in the case of Outer Mongolia, a region of growing importance in Far Eastern affairs.
The Seventeenth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

During the year 1938, the seventeenth year of its existence, the Permanent Court of International Justice was in active session for a total of 69 days—from April 29 to June 30; on July 13 and 14; and from November 28 to December 1. This compares with 107 days of active session in 1937, 143 days in 1936, and 107 days in 1935.
Pan-Americanism and Imperialism
Authors: Lockey Joseph
Published: April 2006

Pan-Americanism and imperialism appear to be mutually exclusive. Whether they are so in effect is a matter of definition. Neither term in current usage conveys a precise meaning. Pan-Americanism fails because it has not yet emerged into a distinct and easily recognizable form, and imperialism because it has evolved in the course of history through a variety of forms from which a doubtful choice must be made. In the one case the problem is to decide what meaning, and in the other, which meaning. The "what" is the more difficult to determine, since new concepts such as Pan Americanism acquire meaning with time and circumstance. It is not strange, therefore, that the attempts at formal definition have thus far proved unsatisfactory. Not even the genus to which Pan-Americanism belongs has been agreed upon. One author calls it an advocacy, another an idea, another a sentiment, and sti l others an aspiration, a tendency, or a doctrine. Obviously it does not fall indifferently into all these categories. If it is a sentiment merely, it is less than a doctrine; if it is a doctrine it is more than a
tendency; and to call it a tendency is not the same as to say it is an aspiration or an idea. Moreover, none of these classifications when considered separately seems to fit the case.
Cleansing Soviet International Law of Anti-Marxist Theories
Authors: Hazard John N.
Published: April 2006

No more acrid struggle raged in Soviet legal circles during the year 1937 than that over the search for a suitable theory of international law. For eight years lawyers had turned to Eugene B. Pashukanis as the leading Soviet theoretician in this field, but today his position is gone, his books are banned, and he is called an enemy of the people.
Competence to Bind the State to an International Engagement
Authors: Fairman Charles
Published: April 2006

The purpose of this article is to inquire what is requisite to bind the state to an international engagement. We might ask what is the international effect of constitutional limitations on the power to make treaties, thus coming directly to the most controverted aspect of the problem. But there are also less formal agreements, as well as unilateral acts, all falling within one great category of negotia juris whose common characteristic is that they express the will of a state or states. In the following discussion we shall say simply “act,” meaning thereby an official act whose purpose is to create, alter, or extinguish rights in international law.
Thomas Jefferson on the Law of Nations
Authors: Wiltse Charles M.
Published: April 2006

Jefferson’s importance as a political theorist tends to be overshadowed by his success as diplomat and statesman. The practical accomplishments of his forty years in public office often obscure the breadth and consistency of the philosophy behind all of his official conduct, and his tremendous influence in formulating and disseminating the principles on which the modern democratic state rests is too often forgotten. His genius consisted, not so much in the originality of his political ideas, as in his ability to select from the conflicting theories of his day all that could be practically applied, and to transmute a diverse intellectual heritage into a working philosophy of the state. Against the sovereign whose command is law, Jefferson sets up a legal theory seeking justice as well as order, and by which ruler and subject are alike bound. It is a theory which transcends national lines, recognizing that isolation, in any rigorous sense, means stagnation and death, both to the individual and to the state. So when Jefferson asks for “peace, commerce, and honest friendship, with all nations–entangling alliances with none,” only the second phrase is negative, and it means no more than it says. Peace and commerce are both relations external to the individual state; and both presuppose for their maintenance some form of international organization–some system of international law. Both Jefferson’s writings and his official acts testify to his belief that the intercourse of nations must be governed by some body of legal rules.
The Treaty of Paris and Turkey’s Status in International Law
Authors: McKinnon Wood Hugh
Published: April 2006

Writers on international law agree that its development in its present form began in the 16th century among the Christian States of Europe, when the feudal organization of the continent gave place to its modern organization in the “sovereign, independent” States of the traditional terminology, and that originally it was considered as not applying, or as not fully applying, to States outside the pale of Christian civilization. At the end of the 18th and until well into the 19th centuries it was common for treatises on the subject to bear titles referring not to “International Law” but to “European International Law,” although such a title had ceased to be appropriate after the attainment of independence by the United States. It is also usually said that Turkey, the first Mohammedan State to join the family of States between which international law is in force, was brought into the family and made for the first time a subject or “person” of international law by Article 7 of the Treaty of Paris of March 30, 1856, which terminated the Crimean War. This view has, however, been disputed by A. H. Smith who argues that “for many centuries Turkey had maintained diplomatic intercourse and concluded treaties with Great Britain and other European Powers and … the general body of international law was considered to apply,” and that the alleged recognition appears to have made no practical difference; and who accordingly suggests the meaning of the article to be that Turkey was formally “admitted to the specifically European group of nations which was deemed to have been established by the Vienna settlement of 1815.” Smith gives no details regarding the evidence on which his view is based, and other writers habitually content themselves with quoting the text of the article. It may be interesting to consider what light contemporary evidence throws upon the matter.
Interpretation of Decisions of International Tribunals
Authors: Grzybowski Kazimiekz
Published: April 2006

The second sentence of Article 60 of the Statute of the Permanent Court of International Justice, reads: “ In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party.” The jurisdiction of the Court to construe its judgments is, therefore, obligatory. The Court shall give an interpretation of its judgment.whether the case decided was brought before it by unilateral application or special agreement.
Legislation on Treatment of Enemy Property
Authors: Carroll Mitchell B.
Published: April 2006

When faced with the problem of how enemy property should be treated in the present war the belligerents have evidently followed in general the procedure of examining the measures taken during the last world war and the application of the provisions in the treaty of peace, in conjunction with their own national laws. They have apparently also considered how closely they should hold to the time-honored principle that during a war the property of enemy individuals and companies should be merely sequestered and not confiscated. Their decision on this point has in some cases apparently been influenced by the nature and extent of enemy property within their territories and by the degree to which it had been and could be utilized for carrying on economic as well as political warfare against the state which had given the property its protection.
The Inter-American Neutrality Committee
Authors: Fenwick Charles G.
Published: April 2006

The Inter-American Neutrality Committee now in session at Rio de Janeiro owes its creation to the spirit of “ continental solidarity” which has developed among the 21 American Republics during recent years. At the Inter-American Conference for Maintenance of Peace, held at Buenos Aires in 1936, the 21 American Republics adopted a Convention for the Maintenance, Preservation and Reëstablishment of Peace, in which it was provided that in the event that the peace of the American Republics should be menaced, there should be consultation for the purpose of finding and adopting methods of peaceful coöperation; and it was further provided that, in the event of an international war outside America which might menace the peace of the American Republics, such consultation should also take place to determine in what way the American Republics might cooperate in order to preserve the peace of the American continents.
Recent Negotiations toward the International Regulation of Whaling
Authors: Leonard L. Larry
Published: April 2006

Prior to the outbreak of the European war on September 3, 1939, progress had been made, by means of international agreements for the conservation of whales, toward the creation of what M. Suarez in 1925 characterized as a new jurisprudence “ of which today we have no inkling, owing to the fact that the necessity which now arouses our legitimate apprehensions was never contemplated.” In 1931, due to the efforts of the League of Nations, a Convention for the Regulation of Whaling was opened for signature at Geneva; in 1937, an International Agreement for the Regulation of Whaling was signed at London; in 1938, a Protocol Amending the International Agreement was signed at London.
The Third Meeting of Ministers of Foreign Affairs at Rio de Janeiro
Authors: Fenwick Charles G.
Published: April 2006

When the plan of consultative meetings of Foreign Ministers was first proposed at Buenos Aires in 1936, and later developed at Lima in 1938, few considered it as anything more than emergency procedure to meet situations in which prompt and decisive action might have to be taken. There was no thought that a new form of inter-American conferences was being created, that Foreign Ministers would come to the meetings attended by a corps of experts and assistants, that the range of the discussions would cover not a few restricted topics but practically the whole field of inter-American relations, provided only that the particular problem could be regarded as an “emergency” one in the broadest sense of that term. The original conception of a confidential gathering of Foreign Ministers began to break down at the first meeting at Panama in 1939; it broke down still further at the second meeting at Havana in 1940; and still further, indeed almost completely, at the third meeting at Rio de Janeiro in 1942.
British Prize Cases, 1939–1941
Authors: Kunz Josef L.
Published: April 2006

At the beginning of the present war the belligerents, of course, set up prize courts. Germany enacted a new Prize Law Code and a new Prize Court Code. But no belligerent, with the exception of Great Britain, has yet published reports of prize cases. True, compared with the enormous amount of prize cases during the war of 1914–1918 in Great Britain, France, Germany and Italy, the number of British prize cases so far reported is comparatively very small. Yet it seems important to investigate these cases to which the science of international law has paid no attention up to now. It is proposed to give here a systematic study of these prize cases, from the points of view of substantive and formal prize law, and of the law of prize procedure.
The North Pacific Fishers
Authors: Ireland Gordon
Published: April 2006

When the time comes for the representatives of Japan to face those of China, Great Britain, Holland, Mexico and the United States across a table, to drive the best bargain they can for the continued national life of their island empire in the Pacific, one of the questions to be settled will be the control of the fisheries. Given the tremendous importance of fish in the food and economy of Japan, it will be a fundamental and vital question; and it would seem that for any thorough-going settlement the Soviet Union, with its shores on the Pacific, should be invited to participate in the discussion, if indeed by that time it has not actually gone to war with Japan. A brief review of the history of the problem may be of interest now and helpful to a better understanding later.
Principles of International Control of Narcotic Drugs
Authors: Renborg Bertil A.
Published: April 2006

The fact is not very widely known that the League of Nations and governments acting in coöperation during a period of just over twenty years between the two world wars have built up an effective international drug administration spanning the entire world. It may perhaps be said that the general public has come to realize that a useful piece of work has been and is being done with good results, but only a few specialists know the main principles on which international coöperation in regard to narcotic drugs is based; and perhaps still fewer have any knowledge of the fact that to make possible effective control of narcotics it was necessary to create special international machinery with wide powers of supervision, regulation, and even sanctions. It should be mentioned at the outset that this international administration has survived the onslaught of the present world crisis which proved fatal to many other efforts in international coöperation. This signifies that the governments of countries of the free peoples of the world have maintained national control of drugs and have continued their coöperation with each other and with the League of Nations and the international drug organs. A proof of this is the fact that in January, 1943, one of these organs—the Supervisory Body—had received from governments of all the free countries in the world except one, Liberia, the estimates of the drug requirements for 1943 which governments are required to furnish under the terms of one of the drug conventions.
Positivism, Functionalism, and International Law
Authors: Morgenthau Hans J.
Published: April 2006

If an event in the physical world contradicts all scientific forecasts, and thus challenges the assumptions on which the forecasts have been based, it is the natural reaction of scientific inquiry to reëxamine the foundations of the specific science and attempt to reconcile scientific findings and empirical facts. The social sciences do not react in the same way. They have an inveterate tendency to stick to their assumptions and to suffer constant defeat from experience rather than to change their assumptions inthe light of contradicting facts. This resistance to change is uppermost in the history of international law. All the schemes and devices by which great humanitarians and shrewd politicians endeavored to reorganize the relations between states on the basis of law, have not stood the trial of history.
Transfer of Civilian Manpower from Occupied Territory
Authors: Feied John H. E.
Published: April 2006

One of the methods by which National Socialist Germany hoped to win the war consisted of the deportation of non-Germans, mainly citizens of occupied territories, as a labor force in support of the German war effort. The hope was not fulfilled but this policy, carried out on an enormous scale, enabled the Third Reich to wage war much more ruthlessly and for a much longer period than would have been possible otherwise. With hostilities ended and their lands devastated, several of the United Nations now intend to obtain at least partial reparation of the damage caused to them by transferring Germans as a labor force for reconstruction work.
The International Organizations Immunities Act
Authors: Preuss Lawrence
Published: April 2006

This legislation constitutes belated recognition of the need for granting to international organizations of which the United States is a member, and to their personnel, a legal status which is adequate to ensure the effective performance of their functions and the fulfillment of their purposes. It will “not only protect the official character of public international organizations in this country,” as the Senate Committee on Finance has stated, “but it will also tend to strengthen the position of international organizations of which the United States is a member when they are located or carry on their activities in other countries.”
The North Atlantic Treaty in the United States Senate
Authors: Heindel Richard H. , Kalijarvi Thorsten V. , Wilcox Francis O.
Published: April 2006

In joining the North Atlantic Treaty the United States made a momentous decision in its foreign policy. This article undertakes to analyze the rôle of the United States Senate in this historic step and to summarize the more important issues encountered.
The Inter-American System and the Conference of Chapultepec
Authors: Canyes Manuel S.
Published: April 2006

The inter-American system, initiated in 1826 at Panama with the First Congress of American States called by Sim6n Bolivar, the Liberator, and definitely established in 1899 by the First International Conference of American States at Washington, has experienced throughout its long history a sound, steady growth. No system of international organization in the world can claim a similar record. In spite of great obstacles encountered at various times, the inter-American system has made continuous progress and has emerged with greater strength after passing through each of its many stages of gradual development.
The Twenty-Sixth Year of the World Court
Authors: Hudson Manley O.
Published: April 2006

If the twenty-sixth year of the World Court has not been one of intense activity, it has been marked by events of some significance for the future. The single session held by the Court during the year was devoted to administrative questions, largely to those growing out of the reorganization of the previous year. One proceeding was instituted before the Court, the first since its reorganization, and the Court was seized of one request for an advisory opinion emanating from the General Assembly. Some progresswas made in the extension of the Court’s jurisdiction, and a series of resolutions concerning the Court was adopted by the General Assembly on November 14, 1947.
The International Frontier
Authors: Hall H. Duncan
Published: April 2006

The international frontier is formed by the zones where Great Power interests come together in conflict. It is the main line of structural weakness in the earth’s political crust—the main fissure where wars break through. The powers are constantly at workon the frontier trying to patch up the peace by international arrangements of various kinds.
Federal States and the International Protection of Human Rights
Authors: Sørensen Max
Published: April 2006

However deep and acrimonious are most contemporary political controversies, the merits of the federal system of government are recognized by adherents of widely different political doctrines and practices. In the most different conditions federalism has established itself as a useful principle for welding together into one political body groups and regions of great diversity. Neither geography nor linguistic, racial or religious differences have proved insurmountable obstacles to political unity. The federal system of government, in dividing powers between one central government and a number of local governments, allows for that diversity in unity which is so attractive a goal for human activities.
Administrative Naturalization Abroad of Members of the Armed Forces of the United States
Authors: Hazard Henry B.
Published: April 2006

The national status of an individual is a matter of importance at all times, and is becoming increasingly so. It assumes special significance during hostilities between states. An extreme case is that of the dual national of two states that are at war with each other.
International Law and Global Ideological Conflict: Reflections on the Universality of International Law
Authors: Wilk Kurt
Published: April 2006

If, after the nineteenth century, there remained any question concerning the universality of international law, or of its fundamental rules, it appeared to be largely one of legal history. But as the world of the twentieth century has come to be divided by political ideologies, their legal ramifications have given the question new actuality as one of basic legal theory. That the Family of Nations, or the subjects of international law, embraced virtually all states of the world seemed no longer open to serious doubt when non-Christian states wholly outside Europe took part in the Hague Peace Conferences of 1899 and 1907 and when participation by such states was continued and further extended in the Paris Peace Conference of 1919 and in the League of Nations. Yet the same period that saw the unquestioned global expansion of international law has had to face new challenges to its unity as a single, universally valid legal system. They were raised chiefly by German Nazis and Soviet Communists, or in turn against them by their respective critics and opponents. Confronted with these challenges, the universal validity of international law appears no longer as an existingphenomenon that may be traced back to its origins and on to its eventual completion, but as a debatable assumption that stands to be justified or rejected in the light of fresh examination.
International Law or National Interest
Authors: Eagleton Clyde
Published: April 2006

Two recent books illustrate current trends of thought as to the conduct of nations within the community of nations. They do not present new attitudes; they represent the long struggle between advancing law and the maintenance of the interest of individual units of society.
Regional Organizations: A United Nations Problem
Authors: Bebr Gerhard
Published: April 2006

The development of various regional organizations may seem a paradox in the light of the present interdependencies of the world community and its increasing common interests. The growing intensity of this interdependence, so forcibly demonstrated by the concept of collective security, calls for a truly universal organization. A regional organization by itself, however extensive and efficient it may be, could hardly meet and resolve global problems, such as control of atomic energy, and subserve the best interests of the world community as a whole.
The Legal Status of Submarine Areas Beneath the High Seas.
Authors: Young Richard
Published: April 2006

The increasing number of claims by various states to submarine areas beneath the high seas has recently raised anew the question of the status of such claims in international law. The importance of the problem, with its possible impact on traditional legal concepts, has attracted the attention of writers and of several bodies interested in the development of international law, including the International Law Commission of the United Nations. It is to be hoped that out of the present ferment will emerge some sound legal principles which will reconcile new needs with established patterns in such a manner as to win general assent. To this end it may be useful, now that there are some years of state practice and learned discussion to draw upon, to comment on various views that have been advanced.
The Competence of the International Labor Organization Under the United Nations System
Authors: Sulkowski Joseph
Published: April 2006

The International Labor Organization (hereafter referred to as the ILO) was established by the peace treaties concluded at the close of World War I as an autonomous part of the League of Nations for the purpose of promoting social justice.
The Chinese Recognition Problem
Authors: Wright Quincy
Published: April 2006

In a press conference of January 19, 1955, President Eisenhower envisaged the possibility of settling the problem of China by recognizing the existence of “two Chinas”—mainland China, on the one hand, and Formosa and the Pescadores, on the other—and promoting a non-aggression agreement between them. From the point of view of international law this suggestion involves consideration of (1) the de facto situation, (2) the law of recognition, and the application of that law (3) to mainland China, (4) to Formosa and the Pescadores, and (5) in American traditions. Apart from considerations of fact and law, considerations of present national interest and opinion are important.
Provisions on Companies in United States Commercial Treaties
Authors: Walker Herman
Published: April 2006

Prior to World War II, U. S. commercial treaties either were silent concerning the applicability of their provisions to corporations and other associations, or provided in only a limited way for such entities. From the start, treaties of this kind concluded by the United States have been concerned with the rights and privileges of persons. It was not until 1911, however, that these treaties began to reflect attention to companies as such—artificial, as distinguished from natural—persons. Only during the last ten years have they dealt with companies systematically and comprehensively to a degree comparable with the treatment provided for natural persons.
The Venezuela-British Guiana Boundary Arbitration of 1899
Authors: Child Clifton J.
Published: April 2006

In his note on “The Venezuela-British Guiana Boundary Dispute,” (this JOURNAL, Vol. 43 (1949), pp. 523–530), Judge Otto Schoenrich publishes a memorandum by the late Severo Mallet-Prevost which, if it were the only evidence upon which the fairness of the arbitration of 1899 could be judged, would bring the justice of the award seriously into question. Fortunately, however, it is not necessary to rely either upon the recollections of Mr. Mallet-Prevost or upon the construction placed upon these and other facts relating to the boundary dispute by Judge Schoenrich in order to learn the truth of how the Tribunal came to make its award. There are the voluminous files of the British Foreign Office on the arbitration to which reference may be made and there is the verbatim record of the Tribunal, taken down by six shorthand writers, printed day by day as the Tribunal sat, and then issued in 54 parts. There are also the files —often most informative—of contemporary newspapers (for the arbitration took place at the French Ministry of Foreign Affairs under the watchful eye of the press).
The Historical Origins of the Three-Mile Limit
Authors: Kent H. S. K.
Published: April 2006

The generally accepted view that the three-mile limit originated from the cannon-shot rule, has recently been challenged by Mr. Wyndham Walker in an article on “Territorial Waters: the Cannon Shot Rule.”
The Geneva Conference on the Law of the Sea; a Study in International Law-Making
Authors: Jessup Philip C.
Published: April 2006

Elsewhere in this issue the Geneva Conference on the Law of the Sea is fully described, and it is unnecessary here to repeat the facts which have been stated by Mr. Arthur H. Dean and Miss Marjorie M. Whiteman. This comment concerns itself with the methods and procedures which were utilized in what was distinctly an exercise in international law-making.
Intervention, 1956
Authors: Wright Quincy
Published: April 2006

The military interventions initiated by Israel, the United Kingdom, and France in Egypt and by the Soviet Union in Hungary, during October and November, 1956, have different historical backgrounds and different political purposes. They may have been politically connected with one another, and in any case they were connected by the fact that they occurred at the same time and were all dealt with by the United Nations. It is the purpose of this article to examine the legal justification for these interventions with only the minimum historical background necessary for that purpose. The criteria for aggression which the writer developed in the July, 1956, number of this Journal will be assumed and for their justification the reader is referred to that article.
Sedentary Fisheries and the Convention on the Continental Shelf
Authors: Young Richard
Published: April 2006

The Convention on the Continental Shelf of April 29, 1958—one of the works of the first United Nations Conference on the Law of the Sea— declares in Article 2(1) that the “coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources.” The fourth paragraph of the same article defines these resources as

the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.
The Content of the Duty to Exhaust Local Judicial Remedies
Authors: Mummery David R.
Published: April 2006

The purpose of this paper is to examine certain aspects of the nature and content of the duty, arising in the law of international claims, tot exhaust local remedies. The general rule of exhaustion of local remedies, as set forth in familiar terms in the award of the Commission of Arbitration in the Ambatielos case is as follows:

[The rule] means that the State against which an international action is brought for injuries suffered by private individuals has the right to resist such an action if the persons alleged to have been injured have not first exhausted all the remedies available to them under the municipal law of that State. The defendant State has the right to demand that full advantage shall have been taken of all local remedies …
River Pollution in International Law
Authors: Lester A. P.
Published: April 2006

While the world is experiencing its industrial revolution, demand for the efficient exploitation of global natural resources is making states increasingly interdependent.
Outer Space Co-Operation in the United Nations
Authors: Simsarian James
Published: April 2006

There is widespread interest in the United Nations in fostering international co-operation in outer space for two basic reasons: first, to maximize co-operation between the two major space Powers despite their political differences; and second, to encourage the increased peaceful uses of outer space to benefit all countries irrespective of the stage of their economic or scientific development.
Rhetoric and Reality: A Study of Contemporary Official Egyptian Attitudes Toward the International Legal Order
Authors: Doherty Kathryn B.
Published: April 2006

While there has been general agreement among writers on international law and polities that the recent rapid increase in the number of independent states is significant for the international system, debate about the actual and potential consequences of that increase for the contemporary international legal order continues. Since that debate, which focuses on the attitude of the “new states” toward the existing international legal order, the reasons for that attitude, and the extent to which changes in that order are consequently inevitable, likely or desirable, has so far been conducted primarily on the basis of impressionistic generalities, it appears essential to investigate more closely and empirically the attitudes and behavior of the new states. Egypt has been selected as an important case study because of its leadership in the Arab world, its strategic position in the Afro-Asian world, and its active rôle in the anti-colonial and non-alignment movements, as well as because of its particular yet representative problems and goals.
The Partition of the Neutral Zone
Authors: Hosni Sayed M.
Published: April 2006

The conclusion on July 7, 1965, of an Agreement between the independent sovereign states of Kuwait and Saudi Arabia in relation to the so-called Neutral Zone, of which exchange of instruments of ratification was effected on July 25 of this year, is a striking illustration of the ability of the Arab States to settle by free decision, unclouded by external influence, a unique and puzzling problem involving interests of great importance. It is an encouraging expression of the policy of common sense and good neighborliness, and raises interesting questions of international and domestic law.
The Legal Regime of the Deep-Sea Floor
Authors: Young Richard
Published: April 2006

In the decade since the Convention on the Continental Shelf was framed at Geneva, the possibilities of reaching and using the mineral resources of the ocean have continued to open up at an unprecedented rate. Exploitation of oil and gas deposits in the continental shelves is now a commonplace, and such production has become an important part of the world’s normal supply. The technological frontier, pushed forward by the explosion of interest in the ocean sciences during the last few years, is now advancing into the deep sea beyond the limits of the geographical shelves, and the pace may be expected to accelerate in the next decade.
Developments in the Law and Institutions of International Economic Relations: UNCTAD
Authors: Metzger Stanley D.
Published: April 2006

Substantial efforts have been made since the close of World War II to transfer resources directly from the richer to the poorer countries in order to foster economic development. There have been multilateral lending agencies such as the International Bank for Eeconstruction and Development, the Inter-American Development Bank, the International Development Association, the new Asian Development Bank, and the United Nations’ Special Fund; bilateral American programs such as the lending and granting activities of the Export-Import Bank and the various AID programs; bilateral foreign programs such as the French and British loan and grant programs to their respective former colonial territories (and the few which remain under formal political tutelage), the Japanese loan and grant programs in the form of reparations and successor programs, the German loan program (largely in the form of short to mediumterm export credits); and loose co-ordinating or aid-policy discussion centers such as the Colombo Plan and the Development Assistance Committee of the Organization for Economic Co-operation and Development.
International Law and Social Science: A Mild Plea in Avoidance
Authors: McDougal Myres S.
Published: April 2006

It may appear ungracious to respond questioningly to an appraisal so extensive and generous as that offered by Professor Young. The intellectual issues his statement raises transcend, however, ordinary considerations of reciprocal graciousness and generosity: innocent bystanders might be confused and misled. Professor Young purports to criticize our recommended policy-oriented jurisprudence without making explicit his own jurisprudence or the premises and assumptions which underlie his criticisms. Many of the difficulties and obscurities he finds in our work would appear to derive either from the inherent difficulties of inquiry and decision or from obscurities and incomplete notions in his own framework of inquiry. His conceptions, in particular, of “law,” “international law,” “world public order,” “values and norms,” “jurisprudence,” and “social science” are less than clear. We briefly illustrate
The “Sanctions” of the International Monetary Fund
Authors: Gold Joseph
Published: April 2006

Recent events in the international monetary system culminating in the decision of the United States, announced on August 15, 1971, to suspend
the convertibility of the dollar induce the international lawyer to ask once again what contribution sanctions can make to respect for international law and the effectiveness of multilateral treaties. This question has been a practical problem at two stages in the development of the International Monetary Fund. It arose first during the negotiation and drafting of the original Articles of Agreement which were adopted at the Bretton Woods Conference in July 1944. The second stage was the negotiation and drafting
of the amendment of July 28, 1969, which dealt mainly with the legal structure of special drawing rights as a supplement to existing reserve assets. It is now apparent that there will be a third stage, in which a reform
of the international monetary system, perhaps in some of its most fundamental aspects, will lead to a further amendment of the Fund's charter.