bluuebunny/crossref_metadata_2025 huggingface dataset:
The Relations Between International Tribunals of Arbitration and the Jurisdiction of National Courts
Authors: Root Elihu
Published: April 2006

The growing tendency towards international arbitration brings into special consideration and importance the relation between the jurisdiction of national courts of justice and international tribunals of arbitration.

When one nation urges claims in behalf of its citizens upon the government of another nation and proposes arbitration, how far doea that other nation’s respect for its own independent sovereignty and for the integrity of its own judicial system require it to insist that the claims be submitted for final decision to its own national courts?

The true basis for the consideration of this question is in the nature oi the obligation which constrains a nation to submit questions to any tribunal whatever.
Private Pecuniary Claims Arising Out of War
Authors: Borchard Edwin M.
Published: April 2006

Any attempt to discuss the international responsibility of the State for injuries sustained by private individuals in time of war immediately encounters the difficulty of establishing any definite rules in the practice of awarding indemnities or compensation for private losses arising out of war. Nevertheless, an examination of the subject in the light of precedent and principle may not be without some useful results.

In a general way, this responsibility of the State may be measured by the State’s obligation as a belligerent or a neutral to observe the rules of international law and of war. As it is obviously, however, beyond present possibilities to undertake a detailed review of these rules—which indeed have been ably treated in numerous works on the subject—the discussion here will be confined to the more important classes of cases in which pecuniary claims have been or are likely to be brought for injuries sustained by individuals or private property in time of war.
The “Protocole Additionnel” to the International Prize Court Convention
Authors: Butte George C.
Published: April 2006

On September 19, 1910, at The Hague, plenipotentiaries of the following nations: Germany, United States of America, Argentine Republic, Austria-Hungary, Chile, Denmark, Spain, France, Great Britain, Japan, Norway, Netherlands and Sweden, signed an instrument entitled Protocole Additionnel á la Convention XII de la Haye du 18 Octobre, 1907. The protocol is by its own provisions (Art. 8) to be considered as forming an integral part of the Convention creating the International Court of Prize; and the acceptance of the protocole additionnel is likewise made a sine qua non to the acceptance of the original convention.

The protocole additionnel seeks to create a different remedy and a modified procedure par dérogation to Articles 28 (paragraph one), 29 and 45 (paragraph two) of the Prize Court Convention and by eliminating Article 8 of the convention entirely and substituting therefor a method preserving the appearance of an action de novo in the International Court and confining its judgment to the ascertainment of the damages to be allowed an injured claimant. It is the practical embodiment of the voeu adopted by the London Naval Conference in 1909 at the instance of the delegation of the United States (acting under instructions from their government); and is intended to offer a means whereby certain nations named as parties to the protocol may obviate constitutional difficulties in the way of their ratifying the original convention.
The International Opium Conference
Authors: Wright Hamilton
Published: April 2006

This conference, — the latest of the Hague Conferences to which the United States was a party, — was proposed by the United States on September 1, 1909, and convoked by the Netherlands Government on December 1, 1911. It dealt in a judicial manner with the varied and conflicting interests, diplomatic, moral, humanitarian and economic, of those governments represented and with the known similar interests of those not represented. Several of the governments in making pledges for the obliteration of the opium evil did so in the face of an eventual large financial sacrifice, but this was done thoughtfully and generously.

The conference determined upon and on January 23rd last signed a convention for the suppression of the obnoxious features of their national and of the international opium, morphine and cocaine traffics, and for the regulation of that part of the production of and trade in the drugs which may be said to be legitimate. To China was confirmed much that she had contended for for a hundred years or more as to the vexatious export of Indian opium to her shores. This act, however, was but a broader recognition of what the British Government had, as between India and China, already yielded to China by virtue of the so-called Ten Year Agreement of 1907, and by the modification of that agreement signed at Peking on the 8th of May, 1911.
Some Questions of International Law in the European War
Authors: Garner James W.
Published: April 2006

International law allows a belligerent two means of preventing wholly or in part sea-borne commerce between his enemy and neutral states. These are: first, the right to seize and confiscate absolute contraband goods destined to enemy territory and conditional contraband intended for the use of the armed forces or government of the enemy state; and, second, the right to blockade the ports and coasts of the enemy and thereby to prevent commercial intercourse with him in all articles whether contraband or not. In the April number of this Journal (pp. 372–401) I discussed in the light of the rules of international law applicable thereto the measures that have been adopted by the British Government in respect to trade in contraband since the beginning of the present war. The present article will be devoted mainly to a consideration of the British order in council of March 11,1915, the purpose and effect of which was to establish a blockade of all commerce entering and leaving Germany.
The Legality of the Blockades Instituted by Napoleon’s Decrees, and the British Orders in Council, 1806–1813
Authors: Stockder Archibald H.
Published: April 2006

No exhaustive study has, as yet, been made of the Napoleonic era with a view of determining the exact legal status of the blockades established by the British orders in council and the French decrees. It is the purpose of this work to point out the more salient features embodied in the principles of blockade during this period as set forth and laid down by the statesmen of the United States, Great Britain and France, together with their relations to the principles of international law. With this end in view, the treaties, conventions and diplomatic intercourse between the United States and these two foreign countries have been carefully studied. The opinions of statesmen and official legal counsel, as well as the diplomatic correspondence and the decisions of the admiralty courts must be accepted as, in a large measure, establishing the international principles upon which the legality of the various acts may be determined. Court decisions during this period, however, are too much influenced by expediency, made necessary by the demands of the times, to be unconditionally accepted as the last word on the legality of the points in question; but they will nevertheless be freely used.
The Neutrality of Honduras and the Question of the Gulf of Fonseca
Authors: González Salvador Rodríguez
Published: April 2006

The members of the Central American Peace Conference, held at Washington in 1907, primarily intent upon devising all possible ways and means of maintaining permanent peace in the Isthmus, sought to introduce into the treaties which resulted from the Conference not only those means and recourses which experience had shown would preserve good understanding and harmony among the five states, but, more particularly, they endeavored to find new methods which would strengthen the desideratum of the Conference by eliminating the causes of civil or interstate wars which might in the future occur in the Central American countries.

Naturally, the arsenal to which the Conference had to turn for the new arms to combat the causes of and prevent all war and revolution, could be none other than historical experience and the principles of international law.
An Anglo-American Prize Tribunal
Authors: Baldwin Simeon E.
Published: April 2006

One of the best achievements of The Hague Conference of 1907 was the scheme for an International Court of Appeal in Prize Cases. The world was not ready for it, and the differences of view between the greater and the lesser Powers have not unnaturally prevented its ratification. But is it not, under present circumstances, possible that a shorter step in the same direction might and could be taken by some of those Powers who are most concerned in the proper disposition of prize court proceedings?

Madame de Staël declared that mankind was always advancing, but always in a spiral course. In 1915 the world, while it moved far during the preceding century or two in the direction of human brotherhood, seems to have come to a pause very close, so far as commercial intercourse between nations is concerned, to the point reached at the time of the French Revolution.
Should Great Britain and the United States be Represented at the Hague Conferences on Private International Law
Authors: Kuhn Arthur K.
Published: April 2006

At the Antwerp meeting of the International Law Association in 1903, a paper was presented by Mr. Justice Phillimore indicating the desirability of having Great Britain participate in the Hague Conferences on Private International Law. At the same meeting, a resolution was adopted on the motion of Mr. Justice Kennedy to the effect that the Association “should take steps respectfully to lay before the British Government the points dealt with in that paper” with a view to its participation in the conferences. Although not referring in terms to America, the resolution was seconded by Dr. Gregory, an American member, and the discussion showed plainly that it was the sense of the meeting that the resolution was intended to apply also to the United States.
Some Questions of International Law in the European War
Authors: Garner James W.
Published: April 2006

The history of the naval operations of the present war is quite without parallel, not only on account of the large number of enemy merchant vessels that have been destroyed without warning and the consequent loss of life of both neutral and non-combatant persons, but also because of the destruction on a large scale of ships of neutral Powers. According to the press dispatches, about one hundred and fifty neutral merchantmen, American, Danish, Dutch, Greek, Italian, Norwegian, Portuguese, and Swedish, have already been sunk by one or another belligerent—in most cases by German cruisers and submarines. The merchant marines of Denmark, Holland, Norway, and Sweden have been the heaviest sufferers. In a few cases the destruction was the resuit of error due to the alleged inability of the captor to distinguish the markings of the vessel, but in the majority of cases the reason alleged was that the ships were carrying contraband of war. In view of the extensive and unprecedented scale upon which this practice has been resorted to during the present War, the conditions under which the destruction by belligerents of neutral merchant vessels is permissible, if at all, well merit consideration in the light of international law and practice. Mr. Thomas Baty, an English authority of high standing, writing in 1911, thus states the practice of the past:

It is surely very remarkable, that in all the history of war up to the twentieth century not a single instance can be adduced of a neutral ship’s being destroyed on the high seas. Surely it is most significant that despite the utmost temptations and the fiercest stress of conflict, belligerents uniformly and scrupulously abstained from the least interference with neutral vessels, beyond ascertaining their characters and bringing them into port. French, Americans, Spaniards, Dutch, Danes—strict navy men and lax privateers—polished admirals and rough desperadoes—none of them dared send to the bottom a ship wearing the flag of a neutral state.
The Evolution of a Permanent International Judiciary
Authors: Scott James Brown
Published: April 2006

In his instructions to the American delegation to the Second Hague Conference, Secretary of State Root pointed out as the weakness of the present system of arbitration the prevalence of diplomatic ideals instead of purely judicial ideals in practice and procedure, and stated it as his opinion that the creation of a truly permanent international court composed of professional judges, who should act under a sense of judicial as distinguished from diplomatic responsibility, would increase the confidence of nations in arbitration and render the recourse to this method of settling international disputes much more frequent. Secretary Root’s statement is so important in itself, the reasoning is so clear and unanswerable, the proposal to establish a permanent international court of justice so cleancut and precise, and the details which he specifies so simple and apparently self-evident, that I shall quote and comment briefly upon this passage in the instructions. “There can be no doubt,” he says, “that the principal objection to arbitration rests not upon the unwillingness of nations to submit their controversies to impartial arbitration, but upon an apprehension that the arbitrations to which they submit may not be impartial. It has been a very general practice for arbitrators to act, not as judges deciding questions of fact and law upon the record before them, under a sense of judicial responsibility, but as negotiators effecting settlements of the questions brought before them in accordance with the traditions and usages and subject to all the considerations and influences which affect diplomatic agents. The two methods are radically different, proceed upon different standards of honorable obligation, and frequently lead to widely differing results. It very frequently happens that a nation which would be very willing to submit its differences to an impartial judicial determination is unwilling to subject them to this kind of diplomatic process.”
Russia’s Liability in Tort for Persia’s Breach of Contract
Authors: Bouvé Clement L.
Published: April 2006

On August 18/31, 19.07, the Governments of Great Britain and Russia entered into the following agreement:

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the Emperor of All the Eussias, animated by the sincere desire to settle by mutual agreement different questions concerning the interest of their States on the Continent of Asia, have determined to conclude Agreements destined to prevent all cause of misunderstanding between Great Britain and Eussia in regard to the questions referred to, and have nominated for this purpose their respective plenipotentiaries, to wit:

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Eight Honourable Sir Arthur Nicolson, His Majesty’s Ambassador Extraordinary and Plenipoteniary to His Majesty the Emperor of All the Russias;

His Majesty the Emperor of All the Eussias, the Master of his Court Alexander Iswolsky, Minister for Foreign Affairs;
The Pan American Origin of the Monroe Doctrine
Authors: Chandler Charles Lyon
Published: April 2006

So much has been written regarding the origin of the Monroe Doctrine and on the supposed effects of the various causes contributing to its origin, toward its application at various times to different situations, that the only excuse that can be offered for discussing this phase of it must be to cover it from some fresh point of view.

The distinguished Peruvian diplomatist and author, Dr. Anibal Maúrtua, on page 20 of his book La Idea Panamericana y la cuestión de Arbitraje, published in Lima in 1901, refers to President Monroe’s message of December 2, 1823, announcing the Monroe Doctrine, as a “Pan-American Declaration.” The great Argentine international jurist, Carlos Calvo, called it “declaratory of complete American independence,” and the Peruvian author, Carlos Arenas y Loayza, states in his excellent monograph on the Monroe Doctrine, published in Lima in 1905, that “the Monroe Doctrine is linked with our past and with our present, and gives us the key of the future of these Republics, considered in relation to the events of our times and the indications of the future; which republics, extending over the same continent, form one sole body, are called on to have one and the same spirit and to work in accord, in edifying friendship for justice and peace on earth.”
The International Regime of Ports, Waterways and Railways
Authors: Miller David Hunter
Published: April 2006

Following the precedents of previous international conferences, including those of The Hague of 1899 and 1907, the work of preparing clauses on particular subjects for insertion in the Treaty of Peace with Germany was entrusted by the Conference of Paris to various commissions.
Notes on World Sovereignty
Authors: Lansing Robert
Published: April 2006

Having reviewed in the preceding Notes the characteristics and qualities of the sovereignty which finds expression in a state, it is proposed to consider now the more extensive type of sovereignty which affects politically the entire human race and territorially the whole earth, and to which reference was made in the Introductory Note. The reason for considering the lesser form first has been stated, and the soundness of that reason will become more apparent in the course of the succeeding argument.
Orders in Council and the Law of the Sea
Authors: Sherman Gordon E
Published: April 2006

In a maritime war the formal announcements of national executives concerning principles of intended action possess an interest frequently transcending the occasion calling them into being since they may originate important modifications in the imprescriptible system of the law of nations and thus become touched with that universality of which the sea itself offers so constant and striking a suggestion. In the conflicts of the French revolution and the First Empire, as well as in the great war of our own day, we find produced on the part of the opposing governments a series of declarations (orders in council, arrêts) which have a permanent interest for the student of international law since they practically extend over the whole field of naval warfare and reach every aspect of belligerent action upon the high seas, while they may also become a cause oftentimes of strained relations between belligerent and neutral Powers arising through widely varying views touching the application of prize law to marine captures.
A Unique International Problem
Authors: Lansing Robert
Published: April 2006

Just previous to the outbreak of the European War there was an international conference in session at Christiania in Norway which was charged with the solution of. a problem unique from an international standpoint. It arose from the extraordinary political situation of the archipelago of Spitzbergen lying about four hundred miles north of the Norwegian coast.
Diplomatic Procedure Preliminary to the Congress of Westphalia
Authors: Colegrove Kenneth
Published: April 2006

During the negotiations leading up to the Congress of Westphalia a considerable number of problems of diplomatic procedure arose which occasioned serious delays in the conclusion of peace. The convoking of a general peace congress of the majority of the European states was a new departure in international practice; and in view of the great differences of these states in religion, politics, interests and language it was necessary to reach preliminary agreements on procedure before the actual work of making peace could begin. These agreements were not easily and quickly made; and the eight or nine years of negotiations which preceded the Congress of Westphalia are a good illustration of the fact that the diplomatic practice of today is the result of an evolutionary process.

The corps diplomatique did not take form until the end of the fifteenth century; and for a century and more following its appearance, ambassadors and statesmen consumed a large part of their time in wranglings over the proper mode for conducting diplomatic business or the proper courtesies to be observed in international intercourse.
Safeguarding Peace—A Constructive Suggestion
Authors: Hyde Charles Cheney
Published: April 2006

The United States finds its chief assurance of safety in its own strong arm and in its geographical position; for it has few treaties that offer solid barriers against conflict, and none that bind the other party not to wage war upon it should some conditions arise.

In seeking safeguards against war numerous obstacles have checked our progress. We have not as a people been certain as to what we ought to give up for the sake of peace. We have not been clear as to what should be accepted as feasible and desirable substitutes for war. We have lacked conviction as to the efficacy of some modes of adjustment, and have overlooked the potentialities of others; and we have been reluctant to agree to experiment. We have rigidly declined to agree to make war against a state that becomes a belligerent in violation of its covenant, without considering whether there may not be some other unobjectionable and yet effective means of penalizing such a wrongdoer.
Denial of Justice in International Law
Authors: Eagleton Clyde
Published: April 2006

The responsibility of the state in international law is a subject of constantly increasing interest, whether to the practicing lawyer, who finds himself called upon to prepare an international claim, or to the theoretician, interested, perhaps, in the current codification of international law.1 Of the many problems connected with state responsibility, one of the most interesting, and at the same time one of the most vital,is that of the proper denotation to be given to the phrase “ denial of justice.” Most debates hinge upon definitions; and a consistent statement of the rules of responsibility would seem impossible until denial of justice is given clearer definition.It is believed that practice now affords us enough consideration of the meaning of the term to permit of analysis and of more precise definition.
Extraterritoriality in China
Authors: Quigley Harold Scott
Published: April 2006

Among the subjects tentatively suggested by the Government of the United States in September, 1921, to the governments invited to participate in a conference on “ Limitation of Armament” and on “ Pacific and Far Eastern Questions” was that of the application of the principles that might be decided upon in questions relating to China to the territorial and administrative integrity of that state. When the Committee on Pacific and Far Eastern Questions took up the general discussion of matters within its purview, the expressions of high intention toward China on the part of the different interested Powers were so unanimous that it was deemed advisable to draw up immediately a statement of principle embodying these sentiments. At the first meeting of the committee the Chinese delegation had presented a group of statements of principle, of which the first reads: “ The Powers engage to respect and observe the territorial integrity and political and administrative independence of the Chinese Republic,” and the fifth as follows: “ Immediately or as soon as circumstances will permit, existing limitations upon China's political, jurisdictional and administrative freedom of action are to be removed.”
Eastern Extension, Australasia and China Telegraph Company, Limited (Claim No. 36)
Authors: Fromageot Henri
Published: April 2006

Not only does the cutting of cables appear not to be prohibited by the rules of international law applicable to sea warfare, but such action may be considered to be implicitly justified by that right of legitimate defense which forms the basis of the rights of any belligerent nation.
Grotius' de Jure Belli ac Pacis Libri Tres: The Work of a Lawyer,
Statesman and Theologian
Authors: Scott James Brown
Published: April 2006

Huig de Groot, whom we know and venerate under the Latinized name of
Hugo Grotius, is not a man with one book to his credit; but lawyers of all
parts of the world are celebrating the three hundredth anniversary of one
work of his, De Jure Belli ac Pacis Libri Tres.
It appeared, it would seem, sometime in the month of March, 1625. For many
years it was looked upon as a tour deforce, as an extraordinary achievement
for a politician in exile and a humanist to his finger-tips to have turned
off within the space of a few months a treatise on a dry and admittedly
technical subject, whose principles were ill-defined and, where known, were
treated with scant respect.
Computation of Time in International Law
Authors: Deák Francis
Published: April 2006

The Council of the League of Nations has recently appointed a committee to report on the possible codification of international law. There are no rules in international law determining computation of time, and the prevailing uncertainty opens the door for arbitrary interpretation of the interested parties, which can lead and has often led to unnecessary differences.
Grotius and the Study of Law
Authors: Vollenhoven C. Van
Published: April 2006

In more than one respect the part played by Grotius (1583–1645) in the history of jurisprudence presents perplexing features. His chief glory lies in the department of law; yet he was more of a philologist and of a theologian than of a jurist. He is often called the father of international law; yet his principal book, the famous book of 1625, was not a treatise devoted to international law. His book, by reason of many of its qualities, looks obsolete: written in Latin, full of quotations and authorities unknown to modern readers, silent about medieval and modern history, it is still a young and living book, younger even than it was two centuries ago.
The State of the City of the Vatican Extradition
Authors: Ireland Gordon
Published: April 2006

A composite picture of the status of the Papacy in international law as described by the text-book writers down to 1929 has notably clear outlines. From the 8th century until 1870, the Pope, in addition to his spiritual authority as supreme head of the Roman Catholic Church, had, except for brief intervals, the rights of temporal sovereignty as head of a state. In that year Rome was occupied on September 20 by an Italian army, the occupation was ratified by popular vote, and the city made the capital of the Kingdom of Italy by the Italian Parliament on October 2; on October 9 it was annexed by royal decree, which was confirmed by law of December 31; in consequenceof which the Papal States disappeared and the temporal power of the Popewas ended. On May 13, 1871, the Italian Parliament enacted the Law of Guarantees which regulated the status of the Pope, so far as Italy was concerned, and purported to extend to him all necessary safeguards for the freeexercise throughout the world of his spiritual authority. This law securedto him personal inviolability and exemption from criminal liability, thoughhe remained subject to the civil courts of Italy, and it bestowed or recognized his enjoyment of certain rights and privileges belonging in other cases to temporal sovereigns, such as maintaining an armed force, freedom of correspondence and sending and receiving representatives to and from states beyond Italy. As a municipal statute, the Law of Guarantees could conferno international status upon the Pope, and although it might have been made the basis of treaty agreement between Italy and any Catholic or other Power, it was, so far as known, never so treated, and therefore remained legallyalways capable of change by Italy alone. The Popes never formally acceptedthe provisions of this law nor the endowment granted by it, and in protest against the events of 1870 they objected to any Catholic sovereignvisiting the King of Italy, and remained after their election perpetually with in the Vatican without emerging on to other Italian soil. The Poperetained the right to make with sovereign states concordats concerningecclesiastical affairs, as before his loss of temporal power; and continued toexercise the rights of active and passive legation as assured by the Law of Guarantees. The Papal household subsisted on food and water whose deprivation would have threatened life itself had Italy joined for a month inthe policy of non-intercourse adopted for the Pope personally. The statusof the Pope in international law was abnormal and unique.
Citizenship of Women in the United States
Authors: Hover Ernest J.
Published: April 2006

A resolution of the present citizenship status of women as nationals of the United States presents certain difficulties, which arise mainly from three differing phases of our national policy: (1) the operation of the common law as decisive of this question until March 2, 1907; (2) the enactment of March 2, 1907, in part declaratory, and in part in derogation, of the pre-existing law as it applied to the citizenship of women; (3) the Cable Act of September 22, 1922, inaugurating a distinct policy unknown to the common law, and the amendments made thereto by Acts of Congress of July 3, 1930, and March 3, 1931.
Foreign Bondholders and the Repudiated Debts of the Southern States
Authors: Randolph Bessie C.
Published: April 2006

Since the close of the World War, there has been a continuous and often acrimonious discussion of the issues involved in the war debts of the Allied Powers to the Government of the United States. In estimating the mutual obligations of debtor and creditor governments, the issues involved in the “ repudiated debts” of the Southern States have been revived anew. In the British Parliament the matter has flared up again. On April 1,1925, Austen Chamberlain stated that His Majesty's Government had never made representations on the subject to Washington. “ I hope,” he said, “ that my noble friend (Lady Astor) will apply her persuasive eloquence to the legislatures and governments of those states.” On March 15, 1923, Stanley Baldwin, and on April 14, 1924, Ramsay MacDonald, had answered questions to the same effect. During the London Naval Conference of 1930, a debate on these debts took place in the House of Lords. On both sides of the ocean it has been suggested that the amount of the unpaid bonds be deducted from the amounts due to our government from those European Powers whose nationals now hold these state bonds.
The Codification of the Law of Territorial Waters
Authors: Reeves Jesse S.
Published: April 2006

Judged by its inability to agree upon a convention on territorial waters, as the substance of things hoped for, the Conference for the Codification of International Law was a failure. Good may come of the Conference. It may have been a necessary preliminary stage in a very long and difficult process. Nevertheless, the fact remains that its purpose was to agree upon a convention upon territorial waters and it failed of its purpose. Usually the cause of the ill-success of a conference is lack of preparation. This failure cannot be ascribed to lack of preparation. It is unnecessary to rehearse the antecedent steps. Several years had been devoted to preparation. Governments had agreed that the subject of territorial waters was suitable and ripe for codification. In addition to the work done by the Committee of Experts and by the Preparatory Committee, the governments had answered voluminous questionnaires and had made observations upon detailed schedules of points from which had been prepared the bases of discussion. All of this work had been completed and in print months before the Conference met. Apparently nothing was left undone by the agencies of the League of Nations in order that the various governments might have ample opportunity for examination and study of the questions involved. And, it may be added, the observations of the governments were for the most part responsive and
illuminating.
The International Telegraph Conference of Brussels and the Problem of Code Language
Authors: Stewart Irvin
Published: April 2006

The first telegraph had been in operation only a short time when a code was made available to the users of the new instrument. From that time to the present, codes for use in electrical communications have appeared in ever-increasing number. Two principal objects have been sought and achieved by their use: secrecy and economy. To the business man, the second of these objects is paramount; and code-makers have constantly endeavored to express an increasing amount of information in a given number of letters.
The Soviet Security Treaties
Authors: Graham Malbone W.
Published: April 2006

It is now more than a decade since the Soviet Government took over control of the Russian state. During that period the government has had to face and has attempted to solve, interms compatible with its special ideology, the problem of permanent adjustment to a world with radically divergent conceptions of the legal order. How that international adjustment has thus far been made becomes a question of genuine importance, for, in proportion as it has materialized in treaty form,it has thrown new light on the major problem of regional and international security. In the ensuing pages the foundations, buttresses and super structure of a system of security as conceived in Moscow will be dealt with, and the relation they bear to the rivalsystems of Geneva and Washington considered. It is believed that the polices of the Kreml in have developed, in a decade, on the basis of positive treaty law, the broad framework of a system of security having far-reaching legal significance.
The Arbitration of the Guatemalan-Honduran Boundary Dispute
Authors: Fisher F. C.
Published: April 2006

Chief Justice Hughes and his associates, Dr. Bello-Codesido, of Chile, and Dr. Castro Urena, of Costa Rica, by a unanimous award rendered in Washington January 23,1933, have brought to an end a boundary dispute between Guatemala and Honduras which for nearlya hundred years has embittered the relations of these countries and at times has brought them to the verge of war. The territory which was affected by the dispute runs in a northeasterly direction from thevicinity of Cerro Brujo, a mountain on the frontierof El Salvador, to the Gulf of Honduras. Its length, from Cerro Brujo to the sea, is about 125 miles. Its width along the coast, from British Honduras to the Ulua River, is about 100 miles.
The Law of Nations, Static and Dynamic
Authors: Kunz Josef L.
Published: April 2006

The antithesis between a static and a dynamic law of nations, as used in this article, means the distinction between a law of nations primarily occupied with the static purpose of preserving the status quo, containing no rules for its own modification by a peaceful and orderly process, and a law of nations providing rules for its own change. Of course, even a static law will never be able to stop the historical development in a world governed by the supreme rule of change, but this dynamic development will be brought about in many instances by the violation of the static law, by violent methods—revolution in internal, war in international law. On the other hand, no juridical order can be exclusively dynamic, for the maintenance of the law in force is a necessary condition for juridical security. The dynamic law will repose on a balance between static rules making for security, and dynamic rules providing for the necessary change by peaceful methods in conformity with the law which is to be changed. The change here will not be the outcome of a revolution, but of an evolution, brought about in virtue of the juridical order itself.
Freedom of the Air in the United States
Authors: Lee Blewett
Published: April 2006

On September 15, 1930, the State Board of Commerce and Navigation of New Jersey made a ruling that aircraft would not be permitted to land on any New Jersey waters above tidewater within the jurisdiction of the state. The application had been made for permission to operate a five passenger flying boat between Nolan's Point, Lake Hopatcong, a vacation resort, and New York City, and to set off a portion of the lake to make a landing place for the hydroairplane. It was stated that other inland waters in New Jersey were being used for a similar purpose, and the ground of the refusal was that aircraft flying from water constituted a menace to surface navigation. This ruling created considerable newspaper comment and aroused vigorous protest from persons interested in aviation, and by order of October 20, 1930, the ruling was limited to Lake Hopatcong.
Legal Aspects of the Japanese Pronouncement in Relation to China
Authors: Hyde Charles Cheney
Published: April 2006

In April, 1934, Mr. Eiji Amau, understood to be the official spokesman of the Japanese Foreign Office, made public a statement of which, according to the New York Times of April 21, the following is said to be an authentic translation.
The Citizenship of Native-Born American Women who Married Foreigners Before March 2, 1907, And Acquired A Foreign Domicile
Authors: Boechard Edwin M.
Published: April 2006

For a long time it has been asserted by the Department of State and to a more limited extent by the Department of Labor that a native-born woman who married a foreigner prior to March 2, 1907, and thereupon acquired a foreign matrimonial domicile, lost her American citizenship.
Representation in the International Commission of the Danube
Authors: Bacon Ruth E.
Published: April 2006

A difference of opinion of more than usual interest has recently developed with regard to the composition of the International Commission of the Danube. The question at issue turns upon the interpretation of certain articles of the Treaty of Versailles in the light of the important constitutional changes which have occurred within Germany since 1919. Under the Treaty of Versailles, the International Commission was to include “two representatives of German riparian States,” in addition to representatives of the other riparian and certain non-riparian States. Since the signature of the Treaty, there has been a gradual redistribution of powers within Germany, culminating in 1934 when the sovereign powers of the German states were transferred to the Reich. When the German representatives at the session of the International Commission in December, 1934, presented full powers issued in the name of the Reich alone, their eligibility was challenged, and they were allowed to take their seats only under a modus vivendi pending settlement of the issue. At the request of the British and French Governments, in which other States represented on the International Commission subsequently joined, the dispute was referred to the League of Nations Advisory and Technical Committee for Communications and Transit.
The Nature of the Advisory Opinions of the Permanent Court of International Justice
Authors: Goodrich Leland M.
Published: April 2006

Though general interest in the advisory opinions of the Permanent Court of International Justice has waned of late because of the decline in the Court’s advisory activity and the dormancy of the question of American adherence, there are questions relating to the advisory work of the Court which still command the interest of the serious student. On January 26, 1937, the Council of the League referred to the special committee set up to study the application of the principles of the Covenant the question of the conditions of voting requests for advisory opinions. As appears from the observations of governments as well as from the discussions in the Council and Assembly, the question of the vote necessary to a request for an advisory opinion raises the larger question of the nature of advisory opinions.
Canada and International Labor Conventions
Authors: Stewart Robert B.
Published: April 2006

The opinion of the Judicial Committee of the Privy Council, delivered January 28, 1937, in the case of Attorney-General for Canada v. Attorney- General for Ontario,1 voids certain “new deal” measures 2 of the Dominion of Canada. This opinion is important not alone because it has given a harsh blow to social legislationin the Dominion, and because the judgment is a reminder of one of the last vestiges of Imperial authority over Canada, these aspectsof the judgment being internal to the British Commonwealth, but also important are the external aspects. These involve the power of Canada to give effect to treaty obligations assumed by the Dominion as a member of the international community.
Origin and Development of Denial of Justice
Authors: Spiegel Hans W.
Published: April 2006

The legal aspects of denial of justice and its position in the framework of international law have been expounded in a number of important works.1 Regarding the history of the doctrine, however, there appears to be no work of any importance, apart from the excellent observations of Charles De Visscher.2 This is not in any way surprising in view of the fact that the history of international law is a subject which does not receive the attention it deserves, and more particularly in view of the legend, which has been disproved in a convincing manner by James Brown Scott, that there was no system of international law prior to the days of Grotius. Yet the history of denial of justice is not only extremely interesting, but it also throws light on some of the most important institutions of modern international law.
The Caroline and McLeod Cases
Authors: Jennings R. Y.
Published: April 2006

There is probably no branch of international law which is so calculated to encourage the skeptic as that mass of contradictory precedents, dogmatic assertions, and vague principles which are collected under the common head of "intervention," and perhaps there is no more potentially dangerous ground of intervention than that which is variously described as "self-preservation" and "self-defence." It was in the Caroline case that self-defence was changed from a political excuse to a legal doctrine. At a time when the law has become once more fluid and is undergoing rapid change, a reconsideration of the Caroline controversy, and of McLeod's case to which it is so closely allied, may serve a useful end.
Forbidden Treaties in International Law: Comments on Professor Garner’s Report on “The Law of Treaties”
Authors: Verdross Alfred von
Published: April 2006

James Wilford Garner has given us a profound, detailed and highly valuable Report on The Law of Treaties. This report contains, it is true, a rule concerning the validity of a treaty which is in conflict with an earlier treaty. On the other hand, there is no consideration, as far as this writer can see, of treaties which are in conflict with general international law, a problem which has been discussed many times.
Reservations to Multilateral Treaties Made in the Act of Ratification or Adherence
Authors: Sanders William
Published: April 2006

The question of the admissibility of reservations to multilateral treaties continues to present problems of great theoretical and practical interest. In particular, there is still considerable uncertainty regarding the procedure which should be followed where a signatory or adhering state desires to formulate reservations in the act of ratification or adherence. This question is of special interest to international organizations such as the Pan American Union and the League of Nations. As depositaries of treaties and of instruments of ratification and adherence, the procedural aspect of this problem is a matter of every day concern.
Chinese Interstate Intercourse Before 700 B.C.
Authors: Britton Roswell S.
Published: April 2006

The Chinese Empire conveniently dates from 221 B.C., when the King of Ch’in coined the title which has since served for Emperor, and with considerable justness designated himself The First Emperor. Conqueror though he was, he left much still to be done in the process of consolidating under one imperial sovereignty all the kingdoms and tribes of the area which is now north and central China. During the pre-imperial era, intercourse among the rulers of the independent units naturally had a customary pattern, an Asiatic analogue to the rudimentary interstate law of the Greek city states. Two bloody centuries preceding The First Emperor have left much martial romance and philosophy both militant and pacifistic, but meager history. From a relatively quiet earlier period, 722-481, however, the classic annals transmit an abundance of critically acceptable history in palpable detail, with interstate incidents suitable for the purpose of case studies. This paper is limited to the first twenty years of that period, the earliest possible for its purpose, which is to induce interstate custom solely from episodes credibly recorded in Chinese classics. Only a few illustrative cases are quoted here, but all the generalizations rest wholly upon case studies unless specifically noted otherwise.
The Retroactive Effect of the Ratification of Treaties
Authors: Mervyn Jones J.
Published: April 2006

The doctrine which is here being discussed has been stated as follows:

A treaty is binding on the contracting parties, unless otherwise provided, from the date of its signature, the exchange of ratifications having, in such case, a retroactive effect, confirming the treaty from that date
Some Aspects of the Jurisprudence of National Claims Commissions
Authors: Wilson Robert R.
Published: April 2006

Many applications of international law receive but little attention from the general public. Unpublicized or little-publicized settlements involving relatively obscure persons and comparatively small amounts of money tend to be undramatic. They may seem of little importance during a period of major, kaleidoscopic developments in a worldwide conflict. But the fact remains that in numerous instances rules have become the bases for the disposition of practical questions which were of importance to the individuals immediately involved and of some concern to their respective governments. Collectively, these dispositions may help to attest the vitality of the principle of legality. At a time when the world situation puts in question the very fundamental elements of an international legal system, there may still be justification for drawing attention to the manner in which settlements of private claims against governments have been and are effected.
Recent Developments in the Treatment of Civilian Alien Enemies
Authors: Wilson Robert R.
Published: April 2006

The treatment of civilian alien enemies, either in the national jurisdiction of a belligerent or in occupied territory, presents questions of public international law as well as of municipal law and administration. It appears that in some of the United Nations in the present war the problem of internment of such persons has become less acute as the tide of battle has turned against the Axis. In Great Britain, for example, the number of aliens of enemy nationality interned under the Royal Prerogative, and whose release had not been authorized, was only 6,123 at the beginning of 1944 as compared with 17,940 at the beginning of 1941.
The Recognition of Latvia
Authors: Laserson Max M.
Published: April 2006

The process by which Latvia, Estonia and Lithuania attained legal sovereignty is typical and serves as an example of the process whereby other new States in post-war Europe came into being. There is no doubt that after World War II the important lessons presented by the Baltic case may be drawn upon in planning future European international relations.
The Twenty-Second Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

Its twenty-second year was a lean year for the Permanent Court of International Justice. No meeting was held by the Court, no case was referred to it, and no prospect appeared for an early resumption of its activities.