bluuebunny/crossref_metadata_2025 huggingface dataset:
The Relation of the Citizen Domiciled in a Foreign Country to His Home Government
Authors: Wheeler Everett P.
Published: April 2006

When the thirteen colonies became a nation and formed the Constitution of the United States of America, their population was chiefly on the Atlantic seaboard. Their ships sailed to every port of the civilized world. They were alive to the importance of foreign commerce. The wars of the Napoleonic epoch and the controversies to which they gave rise, led the American people to feel that it was for their interest, not only to abstain from entangling alliances with the powers of continental Europe, but to limit their activities as far as possible to their own territory. The acquisition of Louisiana from the French in 1803 gave to the United States a fertile and almost boundless domain and afforded an opening for national growth, which of itself tended to withdraw the thought and enterprise of our people from foreign business. Undoubtedly our foreign commerce did increase down to the time of the Civil War, but it did not keep pace with the development of ^he country or with the growth of interstate commerce. Since the Civil War, however, the current has turned. The wealth of the United States has enormously increased. Its capital is found invested in foreign countries, and it has acquired territorial possessions not only in the Atlantic, but in the Pacific, which have changed entirely the attitude of the American people. It must inevitably be the case that in the future the number of American citizens who go to foreign countries and take up a residence there will far exceed that of any other period of our history. A few of these no doubt will become citizens of the countries to which they go, but experience shows that the great majority both of English and American citizens who reside in foreign countries still retain their citizenship. The relation borne by the home government to these citizens domiciled abroad is, therefore, a matter of great and increasing importance.
Sanctions of International Arbitration
Authors: Dumas Jacques
Published: April 2006

It has always been urged, both by sceptics and by believers, that the test of the practicability of international arbitration stands on the question of sanctions. And yet, by a striking inconsistency, the same authors who agree on the primordial importance of this problem have constantly failed to resolve it. In fact they have hardly ever attempted to explain its terms.

In spite of my reluctance to quote my own work, I am obliged to say that the only book ever devoted to this one great problem was my comprehensive treatise on “ Sanctions of International Arbitration,” the French edition of which appeared in 1905, with a preface by Baron d’Estournelles de Constant. President Roosevelt, whose great energies and high statesmanship were then devoted both to the negotiations of the Peace of Portsmouth and to the preparation of the program of the Second Hague Conference, courteously permitted me to dedicate the book to him, and therefore I dare say that, though the study of all the great European authors who, since Grotius, have led the way to the present state of international law was my constant guide, I did not lack of American inspiration.
The Eleventh Convention Proposed by the Hague Conference of 1907
Authors: Baldwin Simeon E.
Published: April 2006

All progress towards world reform yet accomplished has been made at a slow pace. Only those who forget this are impatient at the outcome of the Hague conference of 1907.
Sovereigns as Defendants
Authors: Wolfman Nathan
Published: April 2006

A recent decision handed down by the Supreme Judicial Court of Massachusetts, and reported in its last published report, involves the broad consideration of the status of sovereigns as defendants both from the point of view of international and of municipal law. The decision concretely confirms the opinion that no matter from what point of view the theory of international law may be said to proceed, its doctrines are based on as firm principles of sound reasoning and justice as are the doctrines of the ordinary municipal law. And this notwithstanding the popular impression prevalent, especially among laymen, that international comity is the dominant principle of international law.
The International Naval Conference of London, 1908–1909
Authors: Stockton C. H.
Published: April 2006

The cause for the creation of this conference and for ite resultant codification of naval prize law can be found in the convention to establish an International Prize Court drawn up and signed at the Second Hague Conference by most of the powers in attendance.

Article 7 of this convention reads as follows:

If a question of law to be decided is covered by a treaty in force between the belligerent captor and a power which is itself, or whose subject or citizen is a party to the proceedings, the court is governed by the provisions of the said treaty.

In the absence of such provisions, the court shall apply the rules of international law. If no generally recognized rule exists the court shall give judgment in accordance with the general principles of justice and equity.

The above provisions apply equally to questions relating to the order and mode of proof.
Fortification of the Panama Canal
Authors: Olney Richard
Published: April 2006

In the Clayton-Bulwer treaty of 1850 the United States and Great Britain agreed that neither would ever erect or maintain any fortifications commanding the canal or the vicinity thereof. The Hay-Paunceforte treaty of 5 February, 1900, by clause 7, stipulated as follows:

No fortifications shall be erected commanding the canal or the waters adjacent. The United States, however, shall be at liberty to maintain such military police along the canal as may be necessary to protect it against lawlessness and disorder.
The Orinoco Steampship Company Case Before the Hague Tribunal
Authors: Dennis William Cullen
Published: April 2006

On the 9th of April, 1911, the Hague court will celebrate its first decennial. The first decade of the court was opened by the submission on the part of the United States and Mexico of the Pious Fund case to the tribunal for its decision, and of the eight cases so far submitted to the court and brought to trial during the first decade, the United States has been a party in four, and in a fifth, the Japanese House Tax case, the United States agreed to abide by the result. The last case to be tried was the Orinoco Steamship Company case submitted by the United States and Venezuela.

Both the Pious Fund and the Orinoco Steamship Company case raised important questions vitally affecting the future of international arbitration. Both cases were peculiar in that they dealt with a question which had already been once before decided by an arbitral tribunal. In both cases the effect of the previous arbitral decision was submitted as a preliminary question to the Hague court. In the Pious Fund case the preliminary question submitted was as to whether the claim, as a consequence of the former decision of Sir Edward Thornton, umpire under the convention between the United States and Mexico of 1868, was within the principle of res judicata. The court sustained the contention of the United States, by holding that the rule of res judicata applies to international arbitral sentences “ rendered within the limits of the jurisdiction fixed by the compromise,” and accordingly rendered judgment in favor of the United States, without considering the merits of the claim.
China and the Powers Since the Boxer Movement
Authors: Manning William R.
Published: April 2006

Ten years ago, on the 14th of August, the Dowager-Empress, with the entire Imperial Court, fled from Peking. The victorious army of the allied foreign powers was left in control. This was the culmination of a series of national humiliations that humbled China's proud spirit to the dust and finally broke down the resistance which had for centuries withstood the efforts of Western civilization to gain an entrance.
The Sale of Munitions of War
Authors: Morey William C.
Published: April 2006

The rights and duties incident to neutrality is a branch of international law that is of comparatively recent growth. Still the distinction between belligerent nations and neutral nations and between enemy goods and neutral goods has been recognized from quite early times. In the well-known collection of maritime law known as the Consolato del Mare, which made its appearance in the fourteenth century, the rule is laid down that enemy goods on neutral ships are liable to capture, but neutral goods on enemy ships must be restored to their owner. This rule evidently assumes also the existence at that time of the belligerent right to visit and search neutral vessels.
The Responsibility of the Federal Government for Violations of the Rights of Aliens
Authors: Gammans Nelson
Published: April 2006

“The only government of this country, which other nations recognize or treat with, is the Government of the Union; and the only American flag known throughout the world is the flag of the United States.” The Government of the Union, as the only internationally recognized agent of the state, bears the responsibility for any violations of the rights which it owes to aliens, whether these rights are the result of treaty obligations or of international law.
The American Construction of the Most-Favored-Nation Clause
Authors: Crandall Samuel B.
Published: April 2006

In a communication to the Congress of the Confederation, February 20, 1787, the Netherlands minister protested against an Act of the legislature of the State of Virginia, which exempted French brandies imported in French and American vessels from certain duties to which like commodities imported in vessels of the Netherlands were left liable, as in contravention of the most-favored-nation clause in Article II of the treaty of 1782. This article provided that the subjects of the Netherlands should pay in the ports of the United States no other or greater duties or imposts of whatever nature or denomination than those which the nations the most favored were or should be obliged to pay; and that they should enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce which the most favored nations did or should enjoy. The article contained no express qualification that the favor or privilege should be extended freely if freely given or for an equivalent if conditional.
Naval Warfare: Law and License
Authors: Baty T.
Published: April 2006

If any one having an elementary acquaintance with the law of nations had been asked, twelve years ago, what were the rights of belligerents and neutrals in naval warfare, he would not have been at a loss for a reply. Subject to one or two minor points of unsettled detail, he would have been quite clear and certain as to the position. A continuous series of cases and textbooks made it plain. If some went further than others in claiming extended neutral immunities, that was a point of academic argument which was perhaps of interest, but of no particular importance, except as showing that the trend of thought was on the whole unfavorable to the belligerent.
Some Phases of the Law of Blockade
Authors: Holtzoff Alexander
Published: April 2006

Although the development of international law has tended more and more to confine the operations of war to such as are directed against the armed forces of the belligerents and to relieve the peaceful population from their immediate effects, nevertheless a number of practices employed principally for the purpose of bringing economic pressure to bear upon the general mass of enemy non-combatants, still survive in full vigor and are well recognized as legitimate. One of the most important of this class of operations is blockade. The end of blockade is to cut off trade and intercourse with specified ports or with a specified coast line in possession of the enemy.
The Government of the United States and American Foreign Missionaries
Authors: Scott James Brown , Seward George F.
Published: April 2006

It is common knowledge that the United States was originally settled either by God-fearing men and women fleeing from persecution, or by political refugees who were unable to bring about reforms which they believed essential to good government and were unwilling to comply with the state of affaire existing in the Old World, or, finally, by those who, unfortunate at home, were desirous of bettering their condition in the New World. The Pilgrim and the Puritan, the Episcopalian and the Catholic, the Quaker, the Presbyterian and the Lutheran settled the Atlantic Coast. The roundhead and the cavalier, the rich and the poor and the inmate of the debtor’s prison found themselves side by side upon a plane of equality without the traditions and the conservatism of an older world. Whether the colony was composed of Puritans and manifested intolerance to the protestant brother of a different faith; whether the settlement remained loyal to the Church of England, as Virginia, or favored the Catholic, as Maryland, or freely accepted the law-abiding without questioning his religion, as the Quakers of Pennsylvania, the principle of religious toleration steadily gained ground, and by the time of the Revolution it may be said generally that religious differences ceased to influence men or their conduct toward each other, by virtue of a conception of liberty which embraced not merely the right to and protection of property but the freedom of thought, of speech and of public worship. The example of Virginia, which in 1786 established religious freedom by statute, profoundly influenced the Federal Government and the various States of the Union; for, by the First Amendment to the Constitution of the United States, it is provided that “Congress shall make no law respecting the establishment of a religion, or prohibiting the free exercise thereof,” and the States of the American Union have, in their various Constitutions, placed the same restriction upon their legislatures. The amendment of the Constitution and the like provisions in State Constitutions were not dictated by indifference or hostility to the principles of the Christian religion, but aimed to prevent not merely the establishment of any one form of religion, however widely spread, but to establish upon a firm footing the right before the law of every religious sect.
Private Property on the High Seas
Authors: Bower Graham
Published: April 2006

War, therefore, is an act of violence intended to compel our opponent to fulfil our will.

If our opponent is to be made to comply with our will, we must place him in a situation which is more oppressive to him than the sacrifice which we demand.

As long as the enemy is not defeated he may defeat me; then I shall be no longer my own master; he will dictate the law to me as I did to him.—Clausewitz on War.
Reconstruction and International Law
Authors: Woolsey Theodore S.
Published: April 2006

There is a general disposition to assume that four years of dreadful war have so altered men’s minds and characters and the underpinnings of organized society, that the world will be quite a different place from that which our observations and our studies have made familiar. This belief does not altogether carry conviction to my mind. The civilized world was threatened with an evil domination and combined to defend itself. This instinct and combination for defense are as old as the Greek Republics. For a generation to come the world will see less movement because of the war’s exhaustion; it will have less money to spend and must economize; it will have higher taxes and therefore higher costs of production; here and there it will experience such change of governmental forms as should insure larger self-government.
The Neutrality of Switzerland
Authors: Sherman Gordon E.
Published: April 2006

It has been finely said of Switzerland that while the present war has demonstrated in a sinister manner Swiss dependence upon its powerful neighbors for fuel and food, and thus for its very existence, nevertheless neither these neighbors nor the world at large could for a moment spare the example of heroism and devotion so constantly and consistently set by the Swiss nation in its political and social life. This quality of devotion has been illustrated during the war not alone by the struggles unavoidable in the maintenance of neutrality, but also in the far-reaching activities of the International Red Cross at Geneva. Indeed, the work accomplished through the agencies of this wonderful organization in the internment and care of wounded soldiers and their repatriation where permissible under belligerent agreement, in the repatriation of civilians driven from occupied territory, the transmission of mail to prisoners, and the discovery of vast numbers of the missing, constitute one of the most striking chapters in the war’s history.
The Constitutionality of Treaties
Authors: Wright Quincy
Published: April 2006

The framers of the American Constitution did not anticipate or desire the conclusion of many treaties. For this reason they made the process of treaty conclusion difficult, requiring that the President act only with the advice and consent of two-thirds of the Senators present, some even wishing to require adhesion of the House of Representatives or a two-thirds majority of the entire Senate.

This hope, however, has scarcely been realized. With a total of 595 treaties from its foundation to August, 1914, the United States has averaged more than four a year, and for the twentieth century fifteen a year, or a treaty ratified every three weeks. Along with the steady increase in the number of treaties concluded a year, there has been a change in their usual character. Jefferson’s warning against “entangling alliances” might be interpreted as a warning against treaties, for at that time the faithful observance of treaties commonly amounted to passive if not active alliance. Aside from definite guarantees of offensive or defensive alliance, the pious hope of “perpetual peace and amity” between the contractuaries, special privileges in war and neutrality, reciprocal favors in commerce and navigation, the termination of war, transfer of territory, fixation of boundaries, and recognition of status were the common subjects of treaty stipulation. The provisions were of a character indicating the competitive nature of international society. By mutually enjoying special privileges, the contracting states hoped to improve their political position with respect to other states of the world. Thus the carrying out of treaty provisions was ordinarily a matter for the political organs of government.
The American Attitude Toward Capture at Sea
Authors: Quigley Harold Scott
Published: April 2006

The United States, fighting a war for independence from the greatest of maritime Powers at a time when the belligerent and neutral worlds were united against England because of her maintenance of the ancient rules of maritime warfare, naturally incorporated into its first treaty, the commercial agreement of 1778 with France, the "twin maxims" of Utrecht: free ships, free goods, enemy ships, enemy goods. The greater freedom which the first of these principles expressed agreed with the interests and the temper of the new republic, since in but one of its subsequent treaties has it included the opposing regulations upheld by the mother country. Treaties of 1782 with the United Provinces, 1783 with Sweden, and 1800 with France stipulated that free ships should make free goods and enemy ships, enemy goods.
The American-German Conference on Prisoners of War
Authors: Stone Raymond
Published: April 2006

When, in 1914, the Great War broke upon an astonished world, we rather took comfort to ourselves in the thought that no matter how swiftly and vigorously military operations might be prosecuted, the Conventions of Geneva and of The Hague would insure humane care and chivalrous treatment to the prisoners of war of both sides. Perhaps unconsciously we based our feeling of assurance in this regard upon two assumptions. The first of these was that the terms of those conventions were of themselves legally binding upon the parties to the great conflict; and the second that in this day and generation of high development in the elements of morality and humanity the belligerents would feel themselves morally if not technically constrained to abide by the principles, and to follow, in practice, the honorable provisions of the conventions.

There are two particular conventions falling under consideration in this connection. These are, the Convention Respecting the Laws and Customs of War on Land, generally referred to as Hague IV of 1907; and the Convention for the Adaptation to Maritime War of the Principles of the Geneva Convention of 1906, commonly known as Hague X of 1907. Each of these agreements contains a provisional article, practically identical in the two instances, worded substantially as follows:

The provisions contained … in the present convention do not apply except between contracting parties, and only if all the belligerents are parties to the convention.
Conference on the Limitation of Armament and Problems of the Pacific
Authors: Scott James Brown
Published: April 2006

A conference of a group of Powers heretofore known as the Principal Allied and Associated Powers (the British Empire, France, Italy, Japan and the United States), to discuss the limitation of armament, and of these Powers, and Belgium, China, the Netherlands and Portugal, to consider Pacific and Far Eastern problems, will open in the City of Washington on November 11, 1921.
The United States and the League of Neutrals of 1780
Authors: Carpenter William S.
Published: April 2006

The idea of a league of nations is one with which the United States has been familiar since the very beginning of its history. The form in which it first appeared to this country was in the Armed Neutrality of 1780. The purpose of this league, which has sometimes been called the League of Neutrals, was the protection of neutral trade. Having its origin at the court of Catherine II, Empress of Russia, the Armed Neutrality set forth a body of rules respecting the freedom of commerce in time of war which must prove highly favorable to the United States when that country, in a future conflict, should change its status from that of a belligerent to that of a neutral. It is not surprising, therefore, that the inclusion of the United States among the membership of the league which the Tsarina was forming to enforce these principles was not without its advocates.
The Treaty-Making Powers of the Senate
Authors: Tansill Charles C.
Published: April 2006

The section of the Constitution dealing with the treaty-making power was the result of extended discussion and consideration. In the so-called Virginia Plan presented on May 29, 1787, by Edmund Randolph, there is no mention of the subject of treaties, the inference being that he assumed that Congress, as the treaty-making power under the Confederation, would continue to exercise the same powers under the Constitution.
The Codification of International Law
Authors: Scott James Brown
Published: April 2006

There are certain preliminary observations which should be made before we can take up the question of codifying international law or the method of codification, for without a correct understanding of certain matters, which may be considered fundamental, we may not know whether we are to deal with a system of law or a system of philosophy. As a matter of fact we are dealing with both, for law develops unconsciously or consciously in accordance with the principles of philosophy. If the law of nations is to be considered law in the strict sense of the word, we must deal with it as a system of law. If, on the other hand, it is a system of philosophy rather than of law, we must deal with it as philosophy, and the point of approach and the method of treatment will be different. But, above and beyond law, we are dealing with justice, and with those principles of justice, which, expressed in rules of law, we call the law of nations. Justice is the source; the principles of justice applicable to the conduct of nations constitute the law of nations, and the rules of law based upon these principles change with conditions, or to meet new conditions, and form the body and substance of international law at any given period.
The Personal Diplomacy of Colonel House
Authors: Woolsey Lester H.
Published: April 2006

The Intimate Papers of Colonel House1 is one of the most interesting collections of memoirs that has appeared in the post-war period. The contacts of Colonel House, as personal representative of President Wilson, with diplomats and statesmen in the stirring years of the war was probably broader than that of almost any other person, and certainly broader than that of any other American. His papers are so full of interesting comment on men and events that they furnish source material for many essays on different aspects of the times. The purpose of this article is merely to sketch Colonel House’s connection with the main international events of the Wilson Administration up to the entrance of the United States into the war. For some reason, his narrative ends with the period of American neutrality and the entrance of the United States into the war. Colonel House’s activities in connection with the war program of the United States and the Peace Conference at Paris are not related, and the world must hold its patience for a third volume on this critical period.
Sovereignty of the Mandates
Authors: Wright Quincy
Published: April 2006

“The mandatory system,” said M. Rappard, director of the mandates section of the Secretariat of the League of Nations to the mandates commission at its first session, “formed a kind of compromise between the proposition advanced by the advocates of annexation, and the proposition put forward by those who wished to entrust the colonial territories to an international administration.” Compromises are apt to raise knotty problems for the lawyer and the present instance is no exception. From the practical point of view perhaps it is unnecessary to solve these problems. The United States Government was able to function successfully for years with the divided sovereignty devised by Madison and Hamilton in spite of the insistence of legal purists that divided sovereignty is impossible. The British Commonwealth of Nations seems able to do business in spite of the doubt as to whether sovereignty has or has not passed to the self-governing dominions. So the mandatory system may work without ascertaining whether sovereignty resides in the mandatory, the mandated community, the League of Nations, or elsewhere.
The Progressive Codification of International Law
Authors: Hudson Manley O.
Published: April 2006

It was inevitable that the end of the World War should be followed by a revival of interest in the systematic development of the law of nations. Such a result was foreseen by W. E. Hall as long ago as 1890, but the extent of the revival and its consequences were pictured by him in terms altogether too sanguine. Many of the people who have expected the experience of the war to be capitalized in an immediate clarification of the laws of war must have been greatly disappointed by the events of the past years. A struggle which aroused so many passions, which divided a large part of the human race into hostile camps, could not possibly have produced the conditions necessary for building a new law which would embody the common views of people in many countries; but perhaps it did serve to direct attention to the lawless character of international relations in certain fields, and thus gave to politicians and lawyers opportunity for extending and improving the law governing such relations. If there has not been a general unanimity of opinion as to the method to be followed and the direction to be taken, the opportunity has not been neglected, and currents are now under way and agencies have been created which promise a continued if not a consistent progress for the future.
American Treaty Provisions Relating to Consular Privileges and Immunities
Authors: Stewart Irvin
Published: April 2006

Apparently no consistent effort has been made to secure a uniform schedule of consular privileges and immunities applicable to all of the states with which the United States has entered into treaty relations. In the entire history of the United States up to the present time there have been only sixteen consular conventions. Some 109 other treaties, however, have secured consular exemptions in varying degrees from many different nations; and the popular most-favored-nation clause has extended the schedule still further. One of the first treaties the United States entered into was a consular convention, that of 1788 with France, but the second consular convention did not come until over sixty years later. During the interval many provisions in commercial treaties had extended exemptions in various countries, so that by 1853 every one of the privileges which are in effect today had been inserted in at least one treaty, and some of them had been repeated many times.
The League of Nations’ Report on the Unification of the Law of Negotiable Instruments
Authors: Kuhn Arthur K.
Published: April 2006

The Conference of Financial Experts held at Brussels in September,1920, recommended to the League of Nations as part of its scheme of financial rehabilitation “ that the activities of the League might usefully be directed towards promoting certain reforms,” the first of which was that progress should be made toward the unification of the laws of the various countries relating to bills of exchange and bills of lading. The International
Chamber of Commerce and other trade bodies have likewise strongly supported a resumption of initiative in this direction, which was interrupted by the war. As a result, the Economic Committee of the League of Nations, acting in cooperation with the Government of the Netherlands,and with the approval of the Council and the Assembly, appointed four legal experts to report their opinions upon the attitude now prevailing in the various countries of the world toward the work of the two Hague Conferences
on Negotiable Instruments and also as to whether further action toward unification was likely to meet with practical success. The following highly qualified experts were charged with the task: Sir Mackenzie Chalmers, well known as the author of the English Bills of Exchange Act of 1882; the late Professor David Josephus Jitta, formerly Councillor of State of the Netherlands; Professor Franz Klein, of Austria, and Professor Lyon-Caen, the well-known French authority on commercial law.
Case of the Cuba Submarine Telegraph Company, Limited (Claim No.27)
Authors: Fromageot Henri
Published: April 2006

The contentions and applicable principles in this case are practically the same as in the claim of the Eastern Extension, Australasia and China Telegraph Co., except that in this case the company's enterprise as a Spanish public service having a military and strategic interest is more clearly apparent. The right of the United States to take measures of admittedly legitimate defense against these means of enemy communication was fully justified.
The League of Nations and Unanimity
Authors: Williams John Fischer
Published: April 2006

The first two paragraphs of Article 5 of the Covenant of the League of
Nations provide:

Except where otherwise expressly provided in this Covenant or by
the terms of the present Treaty, decisions at any meeting of the
Assembly or of the Council, shall require the agreement of all the
members of the League represented at the meeting.

All matters of procedure at meetings of the Assembly or of the Council,
including the appointment of committees to investigate particular matters,
shall be regulated by the Assembly or by the Council and may be decided by a
majority of the members of the League represented at the meeting.
The Sixth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

The sixth year of the Permanent Court of International Justice has been busy and fruitful. The judges have been kept continuously at The Hague from the beginning of the twelfth(ordinary) session on June 15, 1927, to the end of the session on December 16, 1927. During the year the court has handed down four important orders, four judgments, and oneadvisory opinion. The following countries have been involved in cases or questions before the court during this period: Belgium, British Empire, China, Danzig, France, Germany Greece, Italy, Poland, Roumania, Turkey. The extent to which the court has been resortedto in six years is the best proof that it is filling a need in the international life ofour time. Whereas, in the course of its first six years, the Supreme Court of the Unite States handled but twelve cases, the Permanent Court of International Justice has now given eleven judgments and fourteen advisory opinions. Such a record seems to presage a useful rôle for the court in the future. It has now become so embedded in the world's treaty law that it would seem very difficult for the world ever again to be without it. In six years it has made significant contributions to our growing international jurisprudence, some of the most important of which have been made during the last twelve months.
Recent Development in the Law of Unneutral Service
Authors: Hill Norman L.
Published: April 2006

The scope of activities covered by the rules of unneutral service is much more limited than one might casually suppose from the term itself. As determined by practice, the activities included are only those of privately owned vessels, committed in such a way as to afford actual assistance to a belligerent force, and of such a nature as to constitute a hostile action for which the agent might be found responsible.
Violations of Maritime Law by The Allied Powers During The World War
Authors: Trimble E. G.
Published: April 2006

Immediately after the outbreak of the World War in 1914, Secretary of State Bryan wisely approached the belligerent governments proposing that both sides agree to conduct their naval warfare in accordance with the rules embodied in the Declaration of London. This document was drawn up at the London Naval Conference called by Great Britain in 1908, and was signed by the delegates of all the nations represented. The conference agreed that the rules contained in the document “correspond in substance with the generally recognized principles of international law.” The Declaration never became legally binding on the nations, however, having failed of ratification by the British Government itself. Legally, therefore, Great Britain was not bound by it in 1914, except in so far as it embodied preexisting rules of law.
The Unrecognized Government in American Courts
Authors: Borchard Edwin M.
Published: April 2006

The recent governmental policy of withholding recognition from foreign governments long and firmly established, because they are disapproved, has caused confusion in the conduct of international affairs and in the administration of justice in the courts. In late years this has been particularly exemplified in the relations of the United States with the Soviet Government of Russia, but it has had illustrations on earlier occasions in connection with Mexico and other countries, when a desire to express disapproval of certain foreign governments or their policies has induced, through the purported privilege of withholding recognition, the concomitant policy of intervention, reprisals, and non-intercourse.
Self-Help in Time of Peace
Authors: Hindmarsh Albert E.
Published: April 2006

International law, whether customary or conventional, has been assumed to rest ultimately on moral or non-physical sanctions. In speaking of the “sanctity” of international agreements more often than of the “sanctions” upon which their effectiveness may depend, we have placed ultimate faith in the non-coercive means of giving effect to international law and international obligations. The practice of states, however, shows a striking number of instances in which material self-help sanctions have been exercised in time of peace to give effect to international rights.
The Boycott in Foreign Affairs
Authors: Hyde Charles Cheney , Wehle Louis B.
Published: April 2006

When Viola so informed the Clown in Twelfth Night, was she prophetic of our nice dallying today with the word boycott? Have we made it wanton in applying it to foreign affairs? Let us see.
The Chicago Drainage Canal and St. Lawrence Development
Authors: Dealey J. Q.
Published: April 2006

In 1900, by the opening of the Chicago drainage canal, there was provided a watercourse for the disposal of sewage and for navigation from Lake Michigan by way of the Chicago River to the Illinois and Mississippi Rivers. Entailing as it did the reversal of the flow of the Chicago River, this, from the engineering standpoint, has been hailed as a great achievement. The large abstraction of water from Lake Michigan through the canal, however, had its effect in a lowering of levels in the Great Lakes and the St. Lawrence River with consequent injury to navigation. This brought about constant opposition to the canal from the Federal Government and from Canada. Thus the Sanitary District of Chicago has been involved in a host of legal difficulties and put to much expense in adjusting its plant to the demands of the United States Government. The diversion in the meantime has been a constant source of ill-feeling towards the United States on the part of Canada and at present, although under federal control, offers an obstacle to the further development of Great Lakes and St. Lawrence waterways.
Railway Politics And The Open Door In China, 1916-1917
Authors: Clyde Paul Hibbert
Published: April 2006

The policies of the so-called great Powers toward China in the twentieth century have frequently given rise to serious diplomatic disputes. Fortunately, in many cases, these differences have tended to clarify conflicting interpretations of policy, and by so doing have led to a better understanding of principles on which more complete agreement might be achieved. Conspicuous among such cases is the policy usually referred to as the Open Door. From 1899 until 1922 the Open Door in China was a subject of almost constant international friction, due, in part, to a lack of common agreement as to the precise commitments to which the Powers were pledged. Specific cases of disagreement led finally to a better appreciation of the principles involved, and in 1922 the Open Door policy was given its first treaty definition. The following pages are an attempt to analyze a series of events in 1916-17 which demonstrated the wide gulf between American and European interpretations of the Open Door, and the imperative need of a new definition of the policy. The essential background of the discussion may be stated briefly.
The Monroe Doctrine and the Declaration of Lima
Authors: Fenwick Charles G.
Published: April 2006

The outstanding accomplishment of the Lima Conference was without doubt the Declaration of the Principles of the Solidarity of America, known more briefly as the Declaration of Lima. Its formulation was not brought about by discussions in the committee to which problems relating to the “Organization of Peace” were entrusted, but was rather the outcome of informal and in part confidential conversations among the heads of the several delegations. Numerous drafts were submitted in the process of reconciling conflicting views. Compromises were made by delegates with more advanced views in order to secure the assent of those taking a more conservative position. The requisite of unanimity not only delayed the final adoption of an acceptable text, but of necessity introduced elements of confusion in the logical order of the Declaration and of inconsistency in the relations of its several parts. Nevertheless the final result was a document of far-reaching importance in the progress of international law within the western hemisphere; and the agreement which it embodies must for the time rank as the most significant statement of principles and pledge of concerted action in the history of Latin American conferences.
The Bases of International Relations
Authors: Myers Denys P.
Published: April 2006

There are estimated to be 2,077,000,000 people now alive at a given moment on the 51,104,000 square miles of the continents, subcontinents and islands which constitute the earth’s inhabited land surface. They make extensive use of the 144,478,000 square miles of the world’s water area. Within the past century the living generations have come to control the entire surface of the earth with substantial completeness through the mechanisms of society which they have created; but they do not even yet utilize its land areas fully.
The Fourteenth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

The fourteenth year of the Permanent Court of International Justice has been one of its lean years. The Court’s output has been small, and action by governments with reference to its maintenance and functioning has been somewhat less significant than in some of the earlier years.

During 1935, the Court was in session for 107 days as compared with 120- days in 1934,178 days in 1933, and 240 days in 1932. The 34th session, from February 1 to April 10, 1935, was largely devoted to the case relating to Minority Schools in Albania, in which an advisory opinion (the 26th) was given on April 6,1935. The 35th session, from October 28 to December 4, 1935, was largely devoted to the case relating to the Consistency of Certain Danzig Decrees with the Constitution of the Free City of Danzig, in which an advisory opinion (the 27th) was given on December 4,1935. At the close of the year two cases were pending on the docket of the Court.
The Regulation of Maritime Fisheries by Treaty
Authors: Daggett A. P.
Published: April 2006

The conventional law regarding fishing rights has had a long and complicated development. Beginning before the concepts of international law as we know them were at all defined, it has played its part in shaping that law and in influencing its development. Many of the earliest fishing treaties were concerned with insuring freedom from molestation while fishing. From that time when the sea was a place of “war of everyone against everyone” the conventional law regarding fishing rights passed through the period of the struggle between the rival claims of mare clausum and mare liberum and played a part in the solution of that controversy. It likewise has been significant in the development of the idea of territorial waters as we know it today. It has helped determine both the limits assigned to and the rights enjoyed within those limits. In any future development of maritime law it will undoubtedly play its part.
The Baltic States and the Soviet Union
Authors: Rutenberg Gregory
Published: April 2006

The development of political relations between the Baltic States and the Soviet Union has passed through two distinctive stages. The first began with the conclusion of treaties of peace signed in 1920 between Estonia, Lithuania, Latvia and Finland, and the then Russian Socialist Federated Soviet Republic. By the terms of these treaties Soviet Russia renounced all its previous rights of sovereignty over the territory of the Baltic States and unreservedly recognized their independence.
State Immunity and the Requisition of Ships during the Spanish Civil War: II. Before the Courts of the United States
Authors: Preuss Lawrence
Published: April 2006

In a previous issue of this JOURNAL the writer has discussed the position of the British courts with respect to the cases which arose out of the requisition of merchant ships during the Spanish Civil War. It was there suggested that the decisions in these cases might throw some light upon the legal situation which would possibly be created as a result of the conflicting claims of rival governments, and of dispossessed owners, to ships which were without the national territory at the time their states of registry were occupied by Axis forces. The courts of the United States were not confronted with such a wide range of problems growing out of the Spanish conflict as were those of Great Britain. This was, perhaps, due in large part to the fact that the United States accorded no recognition to the régime of General Franco prior to recognizing it as the de jure government of all Spain. Questions relative to the status of an insurgent authority recognized as a local de facto government did not, therefore, arise. In one important case, however, legal problems relating to the immunity of foreign public vessels and to the validity of extraterritorial decrees of requisition were fully examined. As Professor Hyde has remarked, the case of The Navemar may not have produced a cause célèbre, but the series of adjudications which it inspired have resulted in the most significant contributions to the law concerning the status of foreign public vessels which have been made by the American courts since the period immediately following the close of the World War.
Colorado v. Kansas
Authors: Lord Merriman P.
Published: April 2006

Supreme Court OP The United States [December 6, 1943]

Supreme Court will not intervene in equity between States of the United States unless
case is of serious magnitude and fully proven.
Constitutional limitations on the Treatymaking Power
Authors: Jones J. Mervyn
Published: April 2006

It is impossible to deny that the early rule of international law was that the head of state, either directly or through his agents, was alone competent to make treaties, which were binding upon his successors. This was natural at a time when no type of international agreement was known other than the treaty in solemn form to which monarchs were parties. Today, new types of agreement have come into being, to which the parties are not heads of states but either the state itself (as in the Treaty of Versailles, 1919) or governments or departments of state. In all these cases, and even in cases where the parties are formally the heads of states, the unit now considered to be bound is the state, through its organs. This substitution of states for monarchs as the subjects of the law of nations, at any rate in the matter of treaties, has been brought about very largely by the French and American Revolutions of the eighteenth century, and by the development of the notion of the state as an international person. The question of the competence to make treaties binding on states, who may by their laws have limited that competence, has therefore become one of great interest in modern theory.
Non-Recognition in the Courts: The Ships of the Baltic Republics
Authors: Briggs Herbert W.
Published: April 2006

Non-recognition by the United States Government of the absorption of Estonia, Latvia, and Lithuania by the Union of Soviet Socialist Republics in 1940 has confronted our courts with a series of questions reminiscent of the period of our non-recognition of the Soviet Government.
Recognition in International Law
Authors: Kelsen Hans
Published: April 2006

The problem of recognition of states and governments has neither in theory nor in practice been solved satisfactorily. Hardly any other question is more controversial, or leads in the practice of states to such paradoxical situations.The reason for this lies in the fact that the term recognition points to twoentirely different acts, not clearly separated either in theory or in practice. A codificationof the norms of general (common) international law concerning recognition must above all furnish a clear distinction between the two functions known as recognition.
The Franco-Lebanese Dispute and the Crisis of November, 1943
Authors: Khadduri Majid
Published: April 2006

Upon the collapse of France and the signing of the Franco-German Armistice on June 22, 1940, there were rumors that military and naval bases in Syria and the Lebanon might be used by Germany against France’s former ally, Great Britain. In a broadcast from Beirut the French High Commissioner and the Commander-in-Chief of the French Forces in the Levant, General Mittelhauser, thereupon declared, that hostilities had ceased in Syria and the Lebanon and denied any thought of handing over bases to the Axis Powers.