bluuebunny/crossref_metadata_2025 huggingface dataset:
An Early Diplomatic Controversy between the United States and Brazil
Authors: Manning William R.
Published: April 2006

It was two years after the United States formally declared for the recognition of the new Latin-American states and after several Spanish-American states had been recognized before the question of recognizing Brazil arose. When, in April, 1824, Rebello presented himself in Washington as the Brazilian chargé, a difference of opinion arose in Monroe’s cabinet, because Brazil was a monarchy, while all of the other American governments were republics, and some hoped that monarchy might have no foothold on the continent. Others, however, advocated the recognition of Brazil the more strongly because it was a monarchy in order to show the world that it was the fact of independence which actuated the United States rather than the form of government.

The opposition to recognition was strengthened by recent news of a formidable separatist movement in the north, with Pernambuco as a center, the purpose of which was to establish an independent republic under the name of the Federation of the Equator. This; raised a serious doubt whether the government at Rio de Janeiro were really in effective control. It was reported, too, that the assistance of French naval vessels had been accepted in order to repress the Pernambuco revolt. This conjured up the specter of the so-called Holy Alliance, for the exclusion of which from America Monroe’s famous message of the preceding December had declared. There was also a strong suspicion, supported by persistent rumors, that Dom Pedro (who had allowed himself to be made Emperor when in 1822 Brazilian independence from Portugal was declared, who had summoned a constituent assembly and then quarreled with it and finally forcibly dismissed it because it proved too liberal to suit his ideas of prerogative, and who had appointed a council that had drawn up a fairly liberal constitution in harmony with his wishes which he had not yet taken the oath to observe) really wished to restore Portuguese sovereignty and rule Brazil as a vassal of his father, the King of Portugal. About the middle of May, however, word came that in the preceding March the Emperor had taken the oath to the constitution of the independent Brazilian Empire. After Rebello had given assurances concerning the suppression of the slave trade and the observance of treaties that had been negotiated with Portugal, he was formally received by President Monroe as Brazilian chargé on May 26, 1824. He expressed his gratitude that “the Government of the United States has been the first to acknowledge the independence of Brazil.”
Violation of Treaties: Bad Faith, Nonexecution and Disregard
Authors: Myers Denys P.
Published: April 2006

Gradually there has developed a system of treaty negotiation which eliminates all possibility of bad faith in contracting, unless the mala fides is both deliberate and long-lived. Modern treaty technique accounts for this, the stages of a treaty from negotiation to entry into force having been developed to serve th|s very end. When kings alone ruled in the brave days of old, only signatures, bolstered up on occasion by oaths, giving of hostages, etc., were employed to give faith to such documents.
Justinian and the Freedom of the Sea
Authors: Fenn Percy Thomas
Published: April 2006

The text of the jurist Marcianus, preserved in the Digest of Justinian, is the first formal pronouncement in recorded legal theory on the legal status of the sea and on the right of men to use the sea and its products. It is stated that the sea and its coasts are common to all men. Since Marcianus lived in the early years of the second century of the Christian era, it follows that this doctrine was known in a written form at least as early as the beginning of the second century. Since, further, Marcianus belonged to that class of jurists the official pronouncements of which were recognized as being statements of the law, it follows that the doctrine of the common right of all men to a free use of the sea was a law of the Roman Empire at the beginning of the second century, although this law was not put in a codified form until the sixth century.
Progress of the Work of the League of Nations Codification Committee
Authors: Reeves Jesse S.
Published: April 2006

With the adoption of a resolution by the Council of the League of Nations, transmitting the report of the Committee of Experts for the Progressive Codification of International Law to the Assembly, what may be called the preliminary work of that Committee has reached such a stage that it seems possible to review its activities in the process of codification adopted by the League of Nations. It will be remembered that the Hague Commission of Jurists in its report accompanying the Statute of the World Court recommended the creation of agencies for codification, and that Lord Robert Cecil’s opposition to codification delayed acceptance of the Commission’s recommendation until September, 1924, when the Assembly upon the initiative of Sweden provided for the appointment of a committee of experts.
Problems of International Law in the Mexican Constitution of 1917
Authors: Bullington John P.
Published: April 2006

The differences between the United States and Mexico which have been occasioned by Article XXVI I of the Mexican Constitution of 1917 and the regulatory laws designed to give it effect are concerned with such important questions of international law as to warrant a rather extended examination of the principles involved and the contentions of the two parties. This is particularly true in view of the fact that the question has been said to be one upon which there can be no difference of rational opinion, and further that it is not a justiciable one.
The Laws of War Concerning Aviation and Radio
Authors: Rodgers William L.
Published: April 2006

During the Conference on the Limitation of Armament at Washington nearly two years ago a resolution was passed establishing a “Commission of Jurists to consider amendment of the laws of war” covering the use of new agencies of warfare.
The Eligibility of British Subjects as Judges of the Permanent Court of International Justice
Authors: Pollak Walter
Published: April 2006

The object of the present article is to attempt an interpretation of paragraph two of Article 10 of the Statute of the Permanent Court of International Justice in order to discover, if possible, the position of the British Empire and of the British Dominions in regard to the election of judges of the Permanent Court.
Danish Legislation Protecting Minorities
Authors: Fenwick C. G.
Published: April 2006

An admirable illustration of both just and generous treatment of an alien minority is to be found in a brief pamphlet recently published by the Danish Ministry of Foreign Affairs, entitled: The German Minority in South Jutland—A Summary of the Danish Legislation.
Spheres of Influence: An Aspect of Semi-Suzerainty
Authors: Rutherford Geddes W.
Published: April 2006

Austen Chamberlain, British Secretary of Foreign Affairs, declared in the House of Commons, December 15, 1924, that Great Britain would “ regard as an unfriendly act any attempt at interference in the affairs of Egypt by any other Power, and would consider any aggression against the territory of Egypt as an act to be repelled with all the means at their command.” Similar statements have frequently been made by the responsible ministers of the Powers when discussing “ spheres of influence.” It is probably not possible to give a precise meaning to the phrase “ sphere of influence” because, as Hall says, “ perhaps in its indefiniteness consists its international value.” Nevertheless, the phrase has been applied specifically to characterize the control of portions of Asia and Africa, certain islands in the Caribbean, and of regions in Central America. In these regions are to be found in operation arrangements, some secret and some public, stipulated either by treaty, diplomatic declaration, “ gentlemen's agreements,” or effected, ofttimes, by military or economic penetration, varying greatly in degree and intensity, which enable Powers and their citizens to enjoy advantages in these regions without exercising, necessarily, sovereign control.
The Land and Petroleum Laws of Mexico
Authors: Bullington John P.
Published: April 2006

The legal nature of property in mines has been the subject of much discussion, and varies, not only with the different systems of law, but also in different countries accepting the same legal system. In Roman law, the owner of the soil was theoretically considered to own all beneath the surface to the center of the earth, and all above it to the heavens, though there is considerable evidence that at one period of the Roman law the property in mines was separate from that of the surface. It is fairly certain, too, that the State was deemed to have an interest in mines and entitled to a portion of the profits.
Consular Privileges and Immunities Under the Treaties of Friendship, Commerce and Consular Rights
Authors: Stewart Irvin
Published: April 2006

The reëstablishment of treaty relations with Germany seems to have afforded occasion for a new type of treaty incorporating new principles,restating old ones and generally rearranging the subject-matter considered.Provisions relating to consular privileges and immunities show the influence of this new consideration. The Treaty of Friendship, Commerce and Consular Rights with Germany has been followed by similar treaties with Estonia and Hungary. Ratification of a like treaty with Salvador has been advised and consented to by the United States Senate, but the exchange of ratifications has not yet been announced. A consular convention with Cuba follows the corresponding provisions in the treaties of friendship, commerce and consular rights so far as consular privileges and immunities are concerned. As press reports have indicated that similar treaties may be negotiated with other states, it is possible that there may be an extensive redefinition of consular privileges and immunities along the lines of the provisions of the recently published treaties. In the light of this possibility the contents of this part of the treaties are of great importance and an examination of them of present interest. As the Treaty of Friendship, Commerce and Consular Rights with Germany was the first of the series,the following discussion is based upon the provisions of that treaty, with attention being given to the more important departures in the later treaties.
Theories as to the Applicability of International Law in the Federal Courts of the United States
Authors: Sprout Harold H.
Published: April 2006

Every student of international law knows that the federal courts in the United States apply rules derived from international law. At least five theories have been offered to explain the basis of the authority of such rules before the courts. This study is limited strictly to an analysis, comparison, and appraisal of these various theories in the light of federal judicial opinion.
Alien Religious Property in China
Authors: Padelford Norman J.
Published: April 2006

Foreign missionary activities, religious, educational, and philanthropic, play an important part in the international relations of China. Christian missionary rights have been conferred by many of the treaties concluded with China since 1842. The protection of missionary life and property has been one of the major activities of foreign legations in China since 1860. Christian mission workers have been accorded the right to acquire property in the interior of China, whereas commercial interests have been restricted by treaty to ports, foreign settlements and concessions. Foreign Christian missionaries constitute the largest class of aliens in China, and their property holdings bulk large in the foreign investment. These facts make pertinent a study of the legal status of alien religious property in China.
The Ninth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

The year 1930 has been marked by the eighteenth (ordinary) session of the Permanent Court of International Justice, which began on June 16,1930, and continued until August 26, 1930, and by the nineteenth (extraordinary) session, which began on October 22, 1930, and ended on December 6, 1930; by the rendering of Advisory Opinion No. 17, on the question of the Greco-Bulgarian “ Communities” ; by the rendering of Advisory Opinion No. 18, on the question relating to the Free City of Danzig and the International Labor Organization; and by the rendering of an important order in the Franco-Swiss Zones case. During this year, also, Judge Frank B. Kellogg was elected to fill the vacancy caused by the resignation of Charles Evans Hughes, i.e., to serve from September 17, 1930, to December 31, 1930; and nineteen members of the Court were elected for the new term of nine years, beginning on January 1, 1931. The Protocol for the Revision of the Statute of the Court failed to come into force, as anticipated, on September 1, 1930, and the court continues, at any rate for the time being, under the unamended statute.
Violations of Maritime Law by the Allied Powers During the World War
Authors: Garner James Wilford
Published: April 2006

The above is the title of an article by. Mr. E. G. Trimble in the January (1930) issue of this Journal, which contains a rather severe indictment of the Allied Powers, and particularly of Great Britain, for having violated during the World War various well-settled rules of international law regarding the conduct of maritime warfare. I do not deny at all that there were violations of certain rules and practices which had come to be generally, if not universally, recognized as a part of the customary law of nations—violations not only by the Allied Powers, but on an even larger scale by their opponents, which latter, however, the author passes over in silence. But, in my opinion, his charges in some cases are not well founded either upon principles of international law, reason or the logic of the actual conditions under which the rules had to be applied. In presenting here a different view of the case, my object is not so much to defend the Allied Powers against the charges contained in Mr. Trimble's indictment as to reaffirm and maintain views which I expressed during the war regarding certain rights of belligerents in naval warfare, especially under the peculiar conditions which prevailed during that war—rights the exercise of which I believe was justified in principle by those conditions, whatever may have been the opinion of statesmen and prize judges a century ago, and which would have been claimed and exercised by Germany had the geographical situation as between her and Great Britain been reversed.
Suits Against Foreign States
Authors: Brinton Jasper Y.
Published: April 2006

Under what circumstances is a state entitled to claim immunity from suit in the courts of another state? It is an old problem which assumes new importance in the face of the steadily enlarging scope of governmental commercial enterprise. Considerable difference of opinion has manifested itself. In England and the United States, where the principle of the immunity of the sovereign before the courts of its own state has long been firmly entrenched, there has been a decided reluctance to open the door to suits against foreign states, however commercial in character the controversy may be. On the Continent a more liberal tendency has long been making itself felt. On general principles, the subject would seem to be one to invite regulation by international agreement.
Nationality Convention, Protocols and Recommendations Adopted by the First Conference on the Codification of International Law
Authors: Flournoy Richard W.
Published: April 2006

There is one point which has been stressed by nearly every one who has discussed the inclusion of nationality in the codification of international law, including the rapporteurs of the League of Nations Committee of Experts and of the Nationality Committee at the First Codification Conference, that is, that this subject is especially difficult because of the fact that it is to a great extent “ political.” Most, if not all, branches of international law are in a sense pohtical, but, when it is said that nationality is peculiarly a political subject, it is meant, no doubt, that the law of nationality is primarily a domestic matter as regards each state, to be determined by each state for itself, according to its needs, social, political, military, economic, etc. Thus no state is willing to surrender its sovereign prerogative in the matter of determining the way in which its nationality may be acquired. But this does not mean that international law has nothing to do with nationality.
Political Reasons Making Undesirable an International Agreement as to Freedom of the Seas
Authors: Rodgers William Ledyard
Published: April 2006

The April number of the Journal has an editorial note by Professor J. W. Garner in which he reviews the status of “ freedom of the seas and states that “ since the World War a new conception of neutrality has become widespread.” He concludes that “ the present chaotic state of the law is regrettable, if not an actual danger to the peace of the world,” and thinks that the subject requires “ preliminary study by jurists and naval experts.”
Arbitration and Conciliation in Pan America
Authors: Murdock James Oliver
Published: April 2006

The International Conference of American States on Conciliation and Arbitration, which met in Washington from December 10, 1928, to January 5, 1929, was characterized by one of the delegates to the conference as the Locarno of the New World. Shortly after the signing of the General Pact for the Renunciation of War, we find the nations of the Western Hemisphere taking the logical next step of providing machinery for the pacific settlement of all international disputes. “ It is quite obvious that it is not sufficient to renounce war, unless we are ready to have recourse to the processes of peace.” Here is concrete evidence of the good faith of the American Republics to provide a clean-cut substitute for war as an instrument of national policy. The necessity for the development of machinery for international pacific settlement has been demonstrated to the present generation by the fact that the whole nature of the institution of war changed whenman became a scientist, an engineer, and a mechanic. Mass production, under the stimulus of intensive research, has madepossible the production of instruments of destruction which threaten to destroy civilization, unless international social relations can be brought within the control of law. While President-elect Hoover was making his good-will, personal-relations tour in South America, eminent jurists from twenty of the American Republics were meeting in Washington to set up the framework for the stabilization of international relations.
The “Injunction of Secrecy” with Respect to American Treaties
Authors: Hudson Manley O.
Published: April 2006

The following incident will explain the reason for the suggestions in this paper that treaties signed on behalf of the United States should be published, in some cases, before their ratification.
The Permanent Court of Arbitration
Authors: Hudson Manley O.
Published: April 2006

Arbitration in the Nineteenth Century. While arbitration was employed for the settlement of international disputes throughout the nineteenth century, it was employed more frequently in the later than in the earlier part of the century. In most cases, resort to arbitration depended upon an ad hoc agreement between the states concerned; the tribunal to which a dispute was referred was created ad hoc, and it ceased to function when the particular dispute was disposed of. It was hardly before the middle of the century that states began to agree in advance to have resort to arbitration, and these agreements were usually very restricted. General bipartite arbitration treaties were all but unknown prior to 1850; and even when they became more numerous their provisions were seldom all-embracing. Increasingly, however, states began to agree in advance to arbitrate special questions. In a few cases, provisions for the arbitration of certain disputes were included in multipartite instruments: the Universal Postal Convention of October 9, 1874 (Article 16), the General Act of Brussels of July 2, 1890 (Article 55), and the Convention on Railway Freight Transportation of October 14, 1890 (Article 57), are outstanding examples.
Sanctions Constraining Diplomatic Representatives to Abide by the Local Law
Authors: Hill Chesney
Published: April 2006

Although diplomatic representatives enjoy certain immunities in the countries to which they are accredited, they are not free to disregard the laws of the state receiving them. When a diplomatic representative breaks the local law, the ordinary procedure and the usual sanctions cannot always be applied. However, the individual or the state injured by infraction of the law by the diplomatic representative is protected by a number of sanctions and means of applying them. The purpose of this study is to examine their effectiveness.
Is Belgium Still Neutralized?
Authors: Tobin Harold J.
Published: April 2006

A brief description of Belgium’s geography and history is essential to make clear how the present tangled legal situation arose respecting Belgium’s neutrality since its violation in 1914. Belgium is one of those nations, like Palestine and Luxemburg, which, unfortunately for their tranquillity, lie across the easiest route between two powerful states. Her history is largely the story of the passage of armies up and down the Meuse, between France and Germany. The names of Rocroi, Sedan, Namur and Liege tell the story of the importance of this highway.
The Early American Attitude Toward the Doctrine of Expatriation
Authors: Morrow Rising Lake
Published: April 2006

During the early years of independence there existed in America two schools of political thinking. The one, of which Alexander Hamilton was the great exponent, emphasized the rights of government as against those of the individual, while the other, which found its leader in Thomas Jefferson, stressed the rights of the individual as against those of government.
The Doctrine of Positive Acts
Authors: Stevens Guy
Published: April 2006

On March 27, 1928, the United States Department of State issued the following public statement:

The petroleum regulations just promulgated by President Calles constitute executive action which completes the process beginning with the decision made by the judicial branch of the Mexican Government on November 17, 1927, and followed by the enactment of the new petroleum law by the legislative branch on December 26 last.

Together these steps voluntarily taken by the Mexican Government would appear to bring to a practical conclusion the discussions which began ten years ago with reference to the effect of the Mexican constitution and laws upon foreign oil companies. The department feels, as does Ambassador Morrow, that such questions, if any, as may hereafter arise can be settled through the due operation of the Mexican administrative departments and the Mexican courts.
The Growth of Purpose in the Law of Diplomatic Immunity
Authors: Ogdon Montell
Published: April 2006

The protection of unhampered and free exercise of the diplomatic function was recognized as one of the fundamental purposes of the law of diplomatic immunity in the Havana Convention of 1928, and in the Draft Convention of the Harvard Research Committee, 1932. The idea is not a new one—it has long been considered necessary that the channels of intercourse between States be made secure. Even before the political institutions of man began to play an important role in the life of peoples, nations or tribes recognized that it was necessary to treat with each other and guarantee security to messengers in order to advance their mutual interests. The history of the juristic philosophy of diplomatic immunity indicates that there are three periods of development in which the protection of the diplomatic function was deemed to be the purpose of the law, viz., (a) in antiquity, particularly in the universal law of Greece and Rome; (b) in the philosophy of the law-of-nature school, from the twelfth century to the seventeenth; (c) in the precedents of the modern Statessystem and the views of positivist writers, especially since the seventeenth century
The Position of Aliens in National Socialist Penal Law Reform
Authors: Preuss Lawrence
Published: April 2006

The draconic character of German National Socialist legislation on political crime has been brought forcibly to public attention by the recent activity of the People’s Court (Volksgericht), which was established last year for the purpose of assuring a more effective repression of treason and espionage. The subject is one of international concern, since the court has jurisdiction over aliens for acts committed abroad as well as upon German territory, and applies a law which is almost unparalleled at the present time in its severity and comprehensiveness. The safeguards commonly deemed essential to the protection of the accused are absent from the proceedings of the Volksgericht, which are secret as to indictment, investigation and trial.
Implied Resolutive Conditions in Treaties
Authors: Fairman Charles
Published: April 2006

The doctrine of the clausula rebus sic stantibus is the familiar rubric under which are classified various materials bearing on the revision or termination of treaties. Much that the phrase connotes proves on examination to be too mischievous or vague for serious consideration. Yet there remains “a legal residuum,” in Dr. Lauterpacht’s phrase, “which, although of a limited compass, is capable of application by a judicial tribunal.” English jurists have suggested, somewhat cautiously, that a discussion of the implied clause might be illuminated by an examination of the principle of frustration in the private law of contracts. And an analogy is also suggested between obsolescent treaties and restrictive covenants which, because of an essential change in circumstances, equity will no longer enforce. The matter is of such contemporary importance that international law cannot afford to leave unexamined any juristic material which promises to be suggestive. And if in the end the conclusion is reached that the principle of rebus sic stantibus can have only the most limited application to so-called obsolete treaties, this result will be none the less significant in clarifying the true nature of the problem.
A Comparative Study of Laws Relating to Nationality at Birth and to Loss of Nationality
Authors: Sandifer Durward V.
Published: April 2006

The comprehensive revision of the nationality laws of the United States, now being formulated in pursuance of an Executive Order issued by President Roosevelt on April 25,1933, lends special interest and value at the present time to a comparative study of the laws of foreign states relating to nationality at birth and to the loss of nationality.
The New State Department
Authors: Miller August C.
Published: April 2006

From time to time the slow and gradual administrative evolution of the Department of State has been accelerated by relatively sweeping changes in internal structure, notably in 1909, 1922, and more recently in 1937-1939, in an adjustment to meet new conditions. The series of changes which took place between May, 1937, and February, 1939, approached the proportions of a fundamental reorganization. Singularly enough, the Department of State made no complete explanation of the new dispensation, and the changes in personnel and organization were effected quietly by a series of Departmental orders. Widely publicized schemes of administrative reorganizaton are unlikely to meet with favor in Congress and in the press.
The Factor Case and Double Criminality in Extradition
Authors: Hudson Manley O.
Published: April 2006

The recent decision of the Supreme Court of the United States in Factor
v. Laubenheimer and Haggard has broken new
ground with reference to the interpretation of the extradition treaties
between the United States and Great Britain, and it seems to deserve special
consideration as a contribution to the law of extradition. Factor's
extradition was requested by Great Britain on a charge of receiving certain
sums of money, aggregating £458,500, known to have been fraudulently
obtained. On the complaint of a British consul, Factor was taken into
custody in Illinois, and a United States Commissioner in Illinois issued a
warrant for his commitment pending surrender. On a return to a writ of
habeas corpus, the District Court for the
Northern District of Illinois ordered his discharge from custody, but this
order was reversed by the Circuit Court of Appeals. Both the District Court
and the Circuit Court of Appeals seem to have regarded extradition as
possible only if the offense charged was a crime both by the law of Great
Britain and by the law of Illinois; the District Court held that receiving
money known to have been fraudulently obtained was not a crime by the law of
Illinois, but a majority of the Circuit Court of Appeals, relying chiefly on
Kelly v. Griffin, took the contrary view. On
certiorari, the Supreme Court held that the
offense charged was an extraditable crime even if it is not punishable by
the law of Illinois, the opinion being written by Justice Stone. Justice
Butler was joined in a vigorous dissenting opinion by Justices Brandeis and
Roberts.
The Problem of Memel
Authors: Kalijarvi Thorsten
Published: April 2006

One of the danger spots in after-war Europe is the “autonomous territory” of Memel. So many questions are constantly being raised about it that a sketch of its background is necessary. A prominent French writer, for instance, stated in 1926 that the population were “au point de vue ethnique, moitie polonais et moitié lithuanien,” when as a matter of fact there are only a very few Poles in the whole area with its population of 140,000 or more.
Sanctions of International Commodity Agreements
Authors: Wild Payson S.
Published: April 2006

Ever since Article 16, with its provisions for penalties against a violator,was inserted in the League of Nations Covenant, the term “sanctions” has been much to the fore in all discussions relating to international problems.The ranks of the internationally mindedhave been divided between those who favor the formal drafting and definite application of punitive measures against declared breakers of agreements and pacts, and those who inveigh against the feasibility of carrying over into the international arena the “policeman” ideas familiar to municipal or domestic law. The former school holds that only by adequate preparation in advance of swift and deadly sanctions can “bad-boy” nations be induced to keep the peace; while thelatter group believes that the present international society is notyet ripefor such community tactics, that it is virtually impossible to distinguish “good” boys from “bad” ones, and that the difficulties of treating a whole nation as a criminal are almost insuperable. The problem ceased to be an academic one at the time of the Sino-Japanese and Chaco crises, in each ofwhich the States of the world, both in the League and out, side-stepped the issue in one way or another, but during the Italo-Ethiopian affair, the matter became even more acute. It is not the purpose of this article to discuss the question of sanctions as it relates to the political entities comprising the euphemistically called “family of nations,” but it is proposed to examine the workings of agreements among economic or commercial bodies and to look into the ways in which those agreements are enforced or “sanctioned.”
The Twenty-Third Year of the Permanent Court of International Justice and Its Future
Authors: Hudson Manley O.
Published: April 2006

The close of its twenty-third year finds the Permanent Court of International Justice still in existence, and still in a position to resume its activity if and when the world situation may permit. Its premises in the Peace Palace at The Hague are intact; its President and Registrar carry on their duties from Geneva; and the twelve judges who continue in office are available for the discharge of their functions. The budget of the Court for 1944 was duly alimented and a budget has been adopted for 1945.
The Meaning and the Range of the NormPacta Sunt Servanda
Authors: Kunz Josef L.
Published: April 2006

The normpacta sunt servanda, which has constituted “since times immemorial the axiom, postulate and categorical imperative of the science of international law” and has very rarely been denied on principle, is undoubtedly a positive norm of general international law. But the meaning of this norm is controversial. Most writers lay the accent on the termservanda.One school of thought affirms that “treaties” are always binding, whereas a second tells us that the norm can only mean that valid treaties are binding.; Within this second school of thought some writers object that the norm appears as adeus ex machina,as international law does not lay down rules for the validity of international treaties, whereas others maintain, that not all, but only certain treaties are binding, that the norm admits “exceptions,” or speak of therelativité de la règle pacta sunt servanda.
Competence of Courts in Regard to Non-Sovereign Acts of Foreign States
Authors: Fox William T. R.
Published: April 2006

Nineteenth century states exhibited an impressive uniformity in their internal organization. There was widespread agreement as to the “proper” scope of state activity. This clear separation of the spheres of “sovereign” (governmental) and “non-sovereign” (private) activity shaped the development of certain doctrines of international law. The complete jurisdictional immunity granted to foreign sovereigns implicitly, though not explicitly, assumed such a clear-cut distinction. There was little objection to the rule as long as the sovereign rarely “descended into the market-place. ” The original assumption is no longer realistic. Must the courts of foreign states still recognize sovereign immunity in litigation in which the state appears in the sphere formerly reserved to private enterprise?
Compulsory Adjudication of International Disputes
Authors: Kelsen Hans
Published: April 2006

A careful examination of the nature of international relations and the specific technique of international law shows a basic difficulty confronting every attempt to regulate relations between States. It is the fact that in case of disputes between States there exists no authority accepted generally and obligatorily as competent to settle international conflicts, that is, to answer impartially the question: which of the parties to the conflict is right and which is wrong. If the States do not reach an agreement, or do not voluntarily submit their dispute to arbitration, each State is left to decide for itself the question whether the other State has violated, or is about to violate, its right; and the State which considers itself injured is free to enforce the law, and that means what it considers to be the law, by resorting to war or reprisals against the alleged wrongdoer. Since the other State has the same competence to decide for itself the question of law, the fundamental legal problem remains without impartial solution. The objective examination and unbiased decision of the question whether or not the law has been violated is the most important and essential stage in any legal procedure. As long as it is not possible to remove from the States in dispute the prerogative to answer for themselves this question of law and transfer it once and for all to an impartial authority, namely, an international court, further progress toward the reign of law and order in the world will be slow indeed.
International Labor Conference: Twenty-Sixth Session
Authors: Simpson Smith
Published: April 2006

The twenty-sixth session of the International Labor Conference—one of the more important in its history—was held at Philadelphia between April 20 and May 12, 1944. Forty-one countries were represented by official delegations and three by observers, making a total of forty-four countries represented. Twenty-eight delegations were fully tripartite while twentythree contained cabinet ministers and members of legislative bodies. If the size of the session was a noteworthy indication of interest in its agenda, the delegates’ national rank and experience—political and technical—was hardly less so.
The Trend of International Law
Authors: Batt Th.
Published: April 2006

If we ask ourselves what it was that secured to the world since the time of the Reformation a fair measure of peace and security, the answer will surely lie in the fact that a firm conviction pervaded all minds of the sacredness and sanctity of territory. It was not a reasoned conviction: no conviction based on reason is of compelling force. Its force lay in the fact that an invasion of territory deprived the invaded party of reason: it was a touch on a nerve, which would provoke an automatic violent reaction: its consequences were incalculable. It is these irrational urges which lie at the base of all our reasoning and assumptions. In this case, it was not so much that an invaded state would feel stung to resist the invader, however hopelessly; it was rather that an invaded state could not but resist—had no idea of not resisting.
American Rights in the Panama Canal
Authors: Padelford Norman J.
Published: April 2006

The return of maritime warfare in the Atlantic and Pacific, and the proclamation by the United States of its neutrality in the existing state of war, raise anew important questions of law concerning the Panama Canal. While there is an abundant literature on the history of the Canal project, on the Panama Revolution, the Tolls controversy, the economic importance of the Canal and the cost of its defense, little has been written on the legal status of the Canal as a completed and operating institution. No complete survey of the treaties, laws, executive orders, regulations, agreements, opinions and decisions, and diplomatic correspondence seems to exist. Only by a laborious consultation of source materials, not all of which are easily accessible, can a comprehensive picture of the legal situation be pieced together. It is hoped that the treatment which follows may help to fill this lacuna.
Compensation for War Damage to American Property in Allied Countries
Authors: Fraleigh C. Arnold
Published: April 2006

The American national who suffered war damage to property on territory of an enemy country during World War II is encouraged by the progress already made on the peace treaties to believe that the duty to provide compensation for his damage will be imposed directly upon the government of the enemy country. Upon the coming into force of the peace treaties with Italy, Bulgaria, Hungary, Roumania, and Finland, each of those countries will be obliged to provide for damage to property of United Nations nationals in its territory compensation equal to two-thirds of the sum necessary to purchase similar property or to make good the loss suffered. If a similar pattern is followed when the treaties with Germany, Austria, and Japan are written each of those countries will also be obliged to provide compensation for damage to property of United Nations nationals on its territory.
The Nuremberg Trial and the International Law of the Future
Authors: Schick F. B.
Published: April 2006

Among the most controversial features of the Nuremberg Trial have been the repeated efforts of the Allied Powers to prove that the law created by the London Agreement and the Charter of the International Military Tribunal attached to this Agreement was but declaratory of already existing rules of general international law, and that the verdict of the Tribunal, apart from its immediate purpose of retribution, must be considered as the first attempt in history to establish a legal precedent destined to act as a powerful deterrent against possible future resort to illegal war. The Final Report on the Nuremberg Trial, submitted by the American Representative to the President of the United States, reiterates these dominant ideas by declaring: “The four nations, through their prosecutors and through their representatives on the Tribunal, have enunciated standards of conduct … by which the Germans have been condemned” and which “will become the condemnation of any nation that is faithless to them.” Moreover, this document emphasizes what is termed “the power of the precedent” by asserting that “no one can hereafter deny or fail to know that the principles on which the Nazi leaders are adjudged to forfeit their lives constitute law—and law with a sanction.”
Privileges and Immunities of International Organizations
Authors: Kunz Josef L.
Published: April 2006

The problem of the privileges and immunities of international organizations has become very prominent in recent times and has raised not a few difficult questions. While many aspects of this problem cannot yet be regarded as definitively settled, there is, on the other hand, a trend toward the development of a new uniform and general international law concerning this topic. It seems, therefore, timely to investigate briefly this problem in its different ramifications historical and theoretical.
The Distinction between Combatant and Noncombatant in the Law of War
Authors: Nurick Lester
Published: April 2006

The distinction between combatants and the civilian population has been characterized not only as one of the fundamental principles of international law, but as its greatest triumph. The purpose of this paper is to show that both in point of fact and in theory the distinction has been so whittled down by the demands of military necessity that it has become more apparent than real. On occasion belligerents still give lip-service to the doctrine but when confronted with a particular military situation in the course of actual combat activities in most cases they have either refused to recognize the distinction or, possibly in order to satisfy the requirements of their legal advisers, have extended the definition of combatant to include almost all important elements of the enemy's civilian population.
Relief Pendente Lite in the Permanent Court of International Justice
Authors: Dumbauld Edward
Published: April 2006

In a noteworthy decision, rendered after the outbreak of the present war, relief pendente lite was granted by the Permanent Court of International Justice (as distinguished from its President) for the first time since the Court was established. A review of recent developments affecting that aspect of the administration of international justice according to law will therefore be timely.
The Peace of Westphalia, 1648–1948
Authors: Gross Leo
Published: April 2006

The acceptance of the United Nations Charter by the overwhelming majority of the members of the family of nations brings to mind the first great European or world charter, the Peace of Westphalia. To it is traditionally attributed the importance and dignity of being the first of several attempts to establish something resembling world unity on the basis of states exercising untrammeled sovereignty over certain territories and subordinated to no earthly authority.
Legal Problems Arising from the United Nations Trusteeship System
Authors: Sayre Francis B.
Published: April 2006

Non-self-governing territories in the past have been too often breeding spots for war. Many contain valuable raw materials or offer rich markets; some command highly desirable shipping or aviation routes; still others offer potential naval and military bases of strategic significance. Such territories frequently become centers of international rivalry or even conflict.
Treaty Provisions for the Inheritance of Personal Property
Authors: Meekison Virginia V.
Published: April 2006

The right of an alien to inherit real estate or the proceeds of its sale in any of the States of the United States is specifically provided for in a number of treaties currently in force between the United States and other countries; but the right of an alien to inherit personal property from a deceased American citizen is left for the most part to the discretion of our States. That is the rather surprising conclusion to be drawn from a study of the existing treaties of the United States in the light of the decision of the Supreme Court in Clark v. Allen.
The American Foreign Service Since 1939
Authors: Atwater Elton
Published: April 2006

The Foreign Service of the United States has entered a new era in its development which is as significant as was the period following the Rogers Act of 1924. The signing of the Foreign Service Act of 1946 on August 13 of last year marked the culmination of a series of steps taken during World War II to enable the American Foreign Service to discharge more effectively its increasing responsibilities. Tremendous demands have been placed on the Foreign Service since 1939 as a result of the War and the decision of the United States to assume a leading role in world affairs and the preservation of international peace. Having turned its back on the relative isolation of the 1920's and early 1930's, the United States discovered that a Foreign Service which was adequate to carry out the policies of twenty years ago was far from adequate to carry out the policies of today.
Recent Aspects of the Calvo Doctrine and the Challenge to International Law
Authors: Freeman Alwyn V.
Published: April 2006

At the Third Conference of the Inter-American Bar Association held in Mexico City during July–August, 1944, a sub-committee of the Committee on Post-War Problems proposed a draft resolution relative to the diplomatic protection of citizens abroad which, if ever officially accepted by the American Republics, would erase as between those countries all of the existing international law on the subject. The resolution urged, first of all, that “diplomatic protection of citizens abroad” be abolished in favor of an international protection of the rights of man.
Questions of Guerrilla Warfare in the Law of War
Authors: Trainin I. P.
Published: April 2006

The history of war knows no such brigandage, fanaticism, or such craftiness as the German fascist usurpers practiced from the moment of their attack upon the peoples of other states. The rules and customs relating to the conduct of war, recognized by all civilized peoples, were rejected and trampled under foot by these usurpers. These rules and customs relating to the conduct of war, put together in the course of many centuries, have received the title “the law of war” and constitute an inseparable part of international law.
The Question of Access to the United Nations Headquarters of Representatives of non-Governmental Organizations in Consultative Status
Authors: Liang Yuen-Li
Published: April 2006

Article 71 of the United Nations Charter provides that the Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence.
The International Protection of Refugees
Authors: Weis Paul
Published: April 2006

The rôle of the individual in international law has for some time past been the subject of searching analysis by distinguished theorists. Recently the traditional doctrine that individuals are its objects only has been forcefully attacked by Professor Lauterpacht. It is intended to describe in this article certain developments on the international plane which affect the position of a specific group of individuals, the refugees.
Statelessness as Result of Conflict of Nationality Laws
Authors: Samore William
Published: April 2006

Article 1 of the Convention on Certain Questions Relating to the Conflict of Nationality Laws permits “each state to determine under its own law who are its nationals.” It is precisely because the loss and acquisition of nationality is a matter of unilateral state action that statelessness under certain conditions does occur. The loss of nationality is sometimes closely related to the methods by which nationality is acquired. Most common among these methods of acquisition are: (1) by birth, (2) by minority, (3) by marriage.