bluuebunny/crossref_metadata_2025 huggingface dataset:
Purchasable Offices in Ceded Territory
Authors: Bordwell Percy
Published: April 2006

In the July number of the Journal is given the decision of the Court of Claims in Sanches v. The United States and of the Supreme Court in O’Reilly v. Brooke. Both cases involve the validity of the orders of military governors in former Spanish territory abolishing offices for which a price had been paid and which the holder claimed were private property and thus under the protection of the law of nations and the treaty of peace with Spain. In the Sanches case the office abolished was that of “ numbered procurador of the courts of first instance of the capital of Porto Rico;” in the O’Reilly case the office was that of high sheriff of Havana. In each case the opinion was expressed that the office had ceased with the extinction of Spanish sovereignty, but in the Supreme Court case this was not necessary to the decision, as General Brooke’s liability had already been denied on other grounds, while the opinion on this point was delivered without argument of counsel, without exposition, and without the citation of authority other than that of the Secretary of War in approving General Brooke’s order. It is the opinion of the writer that the holders of those offices were entitled to indemnification. The facts of the O’Reilly controversy will be gone into in considerable detail.
The Law of the Air-Ship
Authors: Baldwin Simeon E.
Published: April 2006

The lawyers in every country have been kept busy during the last century in developing a special body of law, first for the railroad, then for the telegraph, and then for the telephone. They must soon address themselves to a new task of the same nature. The air-ship has at last been brought to a state of efficiency which, while far short of perfection, takes it out of the field of mere experiment and seems to assure its speedy employment in the transportation for hire of passengers and goods. Other uses of less worth to the community or of absolute detriment are equally certain. It will be seized as an aid in evil-doing by smugglers, spies, burglars; by criminals of all sorts flying from justice; and for illicit trade of every kind. It flies over the borders of one sovereignty into those of another as swiftly and irresponsibly as a bird. How far must it be the subject of public regulation? How fully can the precepts of private law which have been found applicable to other conditions and relations be applied to those resulting from the introduction of this new agency of power ? Can there be one world-law for the high air, as there is one world-law for the high sea ? Can such rules as those of general average and maritime lien be applied by analogy to aerial navigation ?“
Conversion of Merchant Ships into War Ships
Authors: Wilson George Grafton
Published: April 2006

The seventh of the Hague conventions bears the title, “Convention relative á la Transformation des Navires de Commerce en Bâtiments de Guerre.” The convention really relates to vessels which have already been converted into war ships rather than to their conversion.
Convention for the Adaptation of the Principles of the Geneva Convention to Maritime Warfare
Authors: Renault Louis
Published: April 2006

We are here to give an account of the charge confided to us to draw up a text upon which to base your deliberations. Before giving a brief outline of each one of the propositions which we have the honor to submit, it may be useful to make some remarks of a general nature.
The Case for Limitation of Armaments
Authors: Trueblood Benjamin F.
Published: April 2006

The question of limitation and even of gradual reduction of armaments must be carefully differentiated from that of disarmament, complete and thorough-going. The demand for limitation of armaments put forward by the leaders of the peace movement is often unfairly assumed to be a demand for total disarmament.
How China Administrates Her Foreign Affairs
Authors: Yen Weiching W.
Published: April 2006

The foreign relations of China may be said to begin with the year 1689, when the first treaty, consisting of six articles, was concluded with Russia at Nerchinsk. Although several embassies from Europe made their way to China by land and sea in the 17th and the 18th centuries, regular diplomatic relations were not established till the spring of 1861, when the diplomatic representatives of Great Britain and France took up their residence in the southeastern part of the inner city of Peking, now known as Legation Street. On the 19th of January, 1861, an Imperial Edict was issued, commanding the formation of a new bureau, named the Tsungli Yamên, for the administration of foreign affairs. By the terms of the Protocol of 1901, the Tsungli Yamên was transformed from a bureau or commission into a regularly constituted ministry or department, taking precedence over the then six other ministries of state, and has since been called the Waiwu Pu, or the Ministry of Foreign Affairs.
Francis Lieber —His Life and His Work: Part I
Authors: Nys Ernest
Published: April 2006

As a characteristic of contemporary civilization, history will doubtless point to the unceasing effort to establish on a solid basis the juridical organization of the world. The essential requisites are already at hand. Facility of communication, suppression of distances, the fact that the different regions are in constant communication, all of these things greatly facilitate the work. There are no longer undiscovered lands, or inaccessible countries. In the commercial and industrial world business organizations embrace all the nations of the earth. In the intellectual domain, an irresistible international movement has succeeded the narrow conceptions heretofore existing. It is especially in the domain of law that such manifestations have been shown and are still shown with an ever-increasing intensity. In the vast subject of the conflict of laws, an effort is being made to obtain uniform rules; in the subject of the law of nations not only have numerous conventions been concluded, some of which number as contracting parties practically all the states; but the application of justice has been organized, and, already, has gone beyond the phase of arbitration; there exists a true judicial court, a court which declares and decides law in its own right instead of depending upon the will of those amenable to its jurisdiction. Everything indicates that the time is close at hand when a legislative and an executive power will be established over the nations; at any rate, no one nowadays thinks of pronouncing such institutions impossible and fit to be classed with unrealizable dreams.
The History of the Department of State: VI
Authors: Hunt Gaillard
Published: April 2006

In his first annual message, December 8, 1829, President Andrew Jackson said :

The great and constant increase of business in the Department of State forced itself at an early period upon the attention of the Executive, Thirteen years ago it was, in Mr. Madison’s last message to Congress, made the subject of an earnest recommendation, which has been repeated by both of his successors; and my comparatively limited experience has satisfied me of its justness. It has arisen from many causes, not the last of which is the large addition that has been made to the family of independent nations and the proportionate extension of our foreign relations. The remedy proposed was the establishment of a home department — a measure which does not appear to have met the views of Congress on account of its supposed tendency to increase, gradually and imperceptibly, the already too strong bias of the federal system towards the exercise of authority not delegated to it. I am not, therefore, disposed to revive the recommendation, but am not the less impressed with the importance of so organizing that Department that its Secretary may devote more of his time to our foreign relations. Clearly satisfied that the public good would be promoted by some suitable provision on that subject, I respectfully invite your attention to it.
International Law as Applied by England in the War
Authors: Grey E. , Bentwich Norman
Published: April 2006

International law is at once on its trial and in the moulding as it has never been before. It is just a hundred years since the last world-wide war was fought; and to that period one must go back to trace the source of the principal rules and practices of the law of war, and especially of maritime warfare. In the interval, the form of international law and much of its substance have been entirely changed. From indefinite practice and varying usage, imperfectly systematized by text writers, it has passed into the condition of definite rules and uniform law, formulated by international conventions. But most of this definite law has not yet stood the test of practice. So far as the rules of maritime warfare are concerned, it is largely consolidated in conventions made at international conferences during the last seven years. These conventions have indeed been already applied in the war of Italy and the Balkan Powers against Turkey, but they were not searchingly tried in those contests, which were determined by land operations. Strictly, the conventions are not binding in this war, because they are intended to apply only in wars in which all the belligerents are parties, and Servia and Montenegro have not ratified any of the 1907 agreements; but, in fact, the great Powers are professing* to act according to the international legislation.
Alberico Gentili and his Advocatio Hispanica
Authors: Abbott Frank Frost
Published: April 2006

International law concerns itself so largely with a state of war that the present world-conflict has necessarily had an important bearing upon many of its usages and principles and the opinion has been freely expressed, by some whose views are entitled to respect, that the events of this war have placed the science itself in jeopardy. Without attempting to express an opinion on that point, it is clear that when the war is over, one of the first tasks to be undertaken must be the readjustment of the dislocated parts of the system to the new conditions which have arisen. In doing this we shall probably be led to trace the development of the principles of international law from their earliest formulation up to the present day; but quite outside of this practical object, the accomplishment of which must be left to the future, it may not be without interest at the present time, from the purely historical point of view, to recur to some of the circumstances in which the science came into existence, by calling attention to a much neglected book which shows us in the making some of the important principles of international law which are at issue today, a book written by a man who introduced the modern method of studying that subject. The writer to whom reference is made is Alberico Gentili, and the work in question is his Advocatio Hispanica or the Pleas of a Spanish Advocate.
Some Questions of International Law in the European War
Authors: Garner James W.
Published: April 2006

The policy of the United States Government in permitting the exportation of arms, munitions, and other war supplies for the use of belligerents during the present war has been the subject of much discussion in Congress and in the press and has provoked diplomatic remonstrances from the Governments of Germany and Austria-Hungary. As a general proposition, it has been admitted by those who complain of the extensive traffic which has gone on between American manufacturers and certain of the belligerents, that neutral governments are not by the existing rules of international law bound to prevent their nationals from engaging in such traffic; but it has been argued that special circumstances to which the present war has given rise give a “new conception to the aspect of neutrality” and that an abnormal and unprecedented situation has been created which makes the continued furnishing of arms and munitions to the belligerents on one side, when their adversaries are unable to avail themselves of the American markets, a violation of the spirit of strict neutrality.
The Case of the Appam
Authors: Scott James Brown
Published: April 2006

On July 29,1916, the United States District Court for the Eastern District of Virginia entered a decree to restore to the British claimants the steamer Appam, formerly an English merchant vessel, captured by the German cruiser Moewe upon the high seas and sent into Newport News to be laid up pending the war between Great Britain and Germany. In a very elaborate opinion, the court held that the Appam had no right under international law or the treaty with Prussia of May 1, 1828, to use an American port as an asylum; that it did not have a right under the circumstances to enter an American port at all; that by so doing it violated the neutrality of the United States, and was therefore, with the proceeds of the cargo, to be restored, according to the American practice, to the British owners at the date of capture. The case is a very interesting one from the standpoint of international law, and by reason of its importance, it is to be appealed to the Supreme Court of the United States in order that, as far as the United States is concerned, a definite decision may be reached upon the points of law involved. The facts of the case and the reasoning of the District Court will, however, be set forth at this time and in this place.
The Nicaraguan Mixed Claims Commission
Authors: Schoenrich Otto
Published: April 2006

The recent adjournment of the Nicaraguan Mixed Claims Commission marks the accomplishment of one of the measures suggested by the American Government for the financial rehabilitation of Nicaragua, and the conclusion of the most comprehensive examination yet made in Central America of claims against a government.

After the fall of the governments of Zelaya and Madriz in Nicaragua, the new government which came into power in September, 1910, found, among the many problems awaiting it, a heavy internal debt and an enormous number of claims pending against a bankrupt treasury. The claims were principally war claims arising in the various civil commotions to which Nicaragua had been a prey, and especially in the revolution that had just ended. Further, during the Zelaya regime, the country had been plastered with concessions, which were regarded as unconstitutional, illegal and burdensome monopolies, and of which many were held by foreigners. The liquidation of the claims and the cancellation of illegal concessions were necessary incidents in the task of ameliorating the unfortunate economic condition of the country.
Neutrality and the Sale of Arms
Authors: Gregory Charles Noble
Published: April 2006

The extent to which belligerents may interfere with the commerce of neutrals, on sea or land, has been in all wars a question of warm and continued dispute. A powerful belligerent is apt to proceed lawlessly, and a powerful neutral is apt to claim more rights than the authorities concede. It could-not be expected that the present state of war, involving every first class Power in the world, except the United States, and many of the lesser states as well, would be free from such complications, and this expectation has certainly been realized.

It would be improvident to undertake the discussion of so broad a topic as the whole of this controversy. This writer has several times, before considerable assemblies and in various publications, ventured to express his opinion on one limited portion of this dispute, namely, as to the right of neutrals to export munitions of war to belligerents and the extent to which the other belligerents are entitled to complain of or interrupt such trade.
The American Philosophy of Government and Its Effect on International Relations
Authors: Snow Alpheus Henry
Published: April 2006

Until quite recent times, it would have been unprofitable, in the case of most nations, to inquire what the philosophy of government held by the people was, or what effect it had on the foreign relations of the nation, or on international relations generally. There were few nations in which the people were so enlightened and expressed themselves so fully that it was possible to distinguish and define the particular philosophy of government held by them; and even if it had been possible to do so, it would have been of little use to try to discover what effect this philosophy had on international relations, since the fact was that it had little or no effect. The people of each nation, ignorant of foreign affairs by reason of the difficulties of travel and communication, allowed the executive to control the foreign relations under the advice of a council in the selection of which they had no voice, and representing certain privileged classes of persons who used the power of the nation as means to accomplish such ends as they thought desirable.
The New Moroccan Protectorate
Authors: Harris Norman Dwight
Published: April 2006

The signing of the Franco-Spanish treaty concerning the Moroccan question on November 27th marks the last stage in the process of establishing a French protectorate in the Shereefian Empire. For years the European Powers have watched the steady decline of the “little Realm of the West,” the continued loss of power and prestige by its sovereigns both in local and in national affairs, and the gradual disruption of the entire state. Ever since 1880, France, the nearest and most interested African neighbor, has been a keen observer of every move of the Sultans; and she has rendered the harassed and incapable rulers every assistance, diplomatic and otherwise, that these sovereigns would accept and the Powers permit. The French have seen from the first that nothing short of an European protectorate would suffice to save the Sultans, to ensure the establishment of an efficient administration, to afford ample security for life and property, and to give peace and prosperity to the long-suffering and oppressed people.
The Settlement of the Samoan Cases
Authors: Penfield Walter Scott
Published: April 2006

The recent appropriation, made by Congress, to reimburse those American citizens who suffered property damages and losses by reason of the unlawful and unjustifiable bombardment of Apia, Samoa, by the British and American warships during the year 1899 has revived an interest in the unusual controversy then pending over the election of a native king, and aroused a curiosity as to the reason of the appropriation at this late date, over a decade since the damages were committed.
Should the Monroe Policy be Modified or Abandoned?
Authors: Armstrong Robert D.
Published: April 2006

There is probably no principle of American politics, which has exercised a more powerful influence or has impressed itself more forcibly upon the American imagination than the Monroe Policy. Throughout our diplomatic history it has set the standard by which our whole foreign policy has been tested. In its defense we have risked war with the most powerful of European nations. It has come to be regarded with a sort of religious veneration, and in the popular mind it ranks in importance with the Declaration of Independence.

But in these latter days irreverent scoffers have endeavored to prove that this principle that we have worshipped is unsound. There has been more discussion of the Monroe Policy in the last two years than ever before. Is the Monroe Policy an “obsolete shibboleth” as charged by Professor Bingham? Is our devotion to this cardinal principle of American diplomacy “mere slavery to rhetoric and sentiment”? Is this lamp which has guided our feet for almost a century nothing more than a will-of-the-wisp, an “ignis fatuus”? It is high time that we should settle this question, for if all these years we have based our foreign policy on a false principle, assuredly the day is at hand when we shall reap the results of our errors.
The International Law of Aerial Space
Authors: Hershey Amos S.
Published: April 2006

The invention of wireless telegraphy and recent improvements in the aeroplane and dirigible balloons have greatly extended the possibilities of international aerial communication and navigation, and have thus rendered necessary a discussion of the law of the so-called aerial domain in works on international law.

During its session at Ghent in 1906, the Institute of International Law adopted the following principles: “The air is free. In time of peace and in time of war, states have over it only the rights necessary for their self-preservation.” These principles, which were based upon the views of Fauchille and accepted by a vote of 14 against 9, have been justly criticized. They are not in agreement with recent articles and monographs on this subject, and do not answer the practical necessities either of aerial navigation or wireless telegraphy, especially in time of war.
Diplomacy of the Quarter Deck
Authors: Chester Colby M.
Published: April 2006

The building of the Panama Canal has not been a one man’s work by any means. In its inception the preparation of the field, the elimination of impossible routes, and in the actual construction work, it has drawn forth some of the best brains of the country.

Noted engineers from civil life have had an important influence in determining the locality best suited for the purpose, and also in the plans adopted for building the canal; and the names of these men will go down in history as a part of its constructive force. But as the principal object of building the canal was to augment means for the national defence, it was eminently proper that the Army and Navy of the United States should have paramount influence in its establishment. For nearly forty years naval men have been engaged in surveying different parts of Central America and the Isthmus of Panama to find a practical route which should offer the fewest obstacles in cutting a channel between the two oceans. Finally, by a process of elimination, which brought the problem to a choice between the Nicaragua and Panama routes, the construction of a canal was actually begun by an American company on the Nicaragua line, and the work of construction put in the charge of naval officers.
The Sanction of International Law
Authors: Peaslee Amos J.
Published: April 2006

In a recent editorial of one of the legal periodicals, the author quotes Alexander Hamilton’s statement in the Federalist, that “it is essential to the idea of law that it be attended with a sanction, or in other words, a penalty or punishment for disobedience,” and from this premise draws the following conclusion: “The law of nations, so-called, is a mere empty term or phrase, a high resounding name for something in and of itself vain and impotent.”

To most authorities and students of international law, the author’s conclusion is somewhat astounding, but the fact that the statement could be made by a prominent legal editor, illustrates the extent of the present popular distrust of the science.
Violation of Treaties by Adverse National Action
Authors: Myers Denys P.
Published: April 2006

The shade of distinction sought to be shown by the title of this paper may require explanation. Imperfect wording involves either carelessness or ignorance; bad faith indicates dishonesty; nonexecution or disregard implies laxness in the government, if not carelessness; adverse or hostile municipal or judicial action connotes lack of coordination between the internal and external affairs of the State. It follows that such adverse action may be considered from a practical point of view as almost a normal kind of violence against international contracts. It is not to be excused on that account, but it may be considered as a frictional incident almost inseparable under some conditions from the existence of a State. Given either a government of definitely separated elements, such as the United States, or a government without much stability, or a State founded on a type of civilization different from the European order, and this sort of violation of treaty may be forecasted with certainty. Fortunately, however, the instances that cause contractual friction of this sort are of the grosser kinds of personal violence, or are commercial; they are not of a political character, cannot be said to involve policy, and only by a stretch of the imagination involve the tweedledum and tweedledee of international relations, “national honor and vital interest.” They are consequently extremely susceptible to simple and orderly solution.
The Declaration of Paris
Authors: Stockton Charles H.
Published: April 2006

The Declaration of Paris of 1856 reads as follows:

(1)

Privateering is and remains abolished.

(2)

The neutral flag covers enemy goods with the exception of contraband of war.

(3)

Neutral goods, with the exception of contraband of war, are not liable to capture under an enemy’s flag.

(4)

Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient to prevent access to the coasts of an enemy.

This declaration was directly and indirectly caused by the Crimean War, beginning in 1854 and ending in 1856, which war was a result of the war between Turkey and Russia, which began in October, 1853.

The ostensible cause of this latter war was a dispute which had arisen upon the custody of the Holy Places in Jerusalem. The real cause was the intention of Russia to begin the dismemberment of the Turkish Empire in Europe. The Czar of Russia suggested in January, 1853, to the British Ambassador at St. Petersburg that England might receive Egypt and Crete as her portion of the proposed result. Prance and England were ready, however, for various reasons, to come to the assistance of Turkey, while Count Cavour, in order to increase the prestige and political position of Sardinia, was desirous of joining the Anglo-French Alliance.
The Sanction of International Law
Authors: Roxburgh Ronald F.
Published: April 2006

Every satisfactory definition of law implies a sanction. Some penalty must be imposed upon a law-breaker, to be exacted, in the last resort, by external power. Force, therefore, is vital to law as it is to war, though normally it plays a less obvious part. A felon who is brought up for trial, condemned, and sent to prison, is induced by force, or by the fear of force, to submit to the court and to punishment. The policeman and the warder are the instruments of external power by which he is constrained to obey.

Force also supplies the most important incentive for securing obedience to law. It is true, as Maine pointed out, that for every man who keeps the law through conscious fear of punishment, there may be hundreds who do so as it were instinctively, and without a thought on the subject. But while this law-abiding spirit, which is characteristic of large sections of a modern community, owes its origin to a number of causes, perhaps the most potent of all has been the enforcement of law through long ages in the past.
The Understandings of International Law
Authors: Wright Quincy
Published: April 2006

“The preamble of a statute,” says Justice Story, “is a key to open the mind of the makers as to the mischiefs which are to be remedied, and the objects which are to be accomplished by the provisions of the statute.”
The Hellenic Crisis from the Point of View of Constitutional and International Law
Authors: Ion Theodore P.
Published: April 2006

The summary review in the previous article of the historical events which culminated in the creation of the Hellenic Kingdom, and the vicissitudes which Greece underwent from the time of the declaration of her independence up to the year 1911, when her Constitution of 1864 was revised, plainly show that the Hellenic people never for a moment thought of submitting themselves to autocracy, but on the contrary asserted their determination to live under a democracy. Hence the murder of their first president, or governor Capodistrias, the deposition of their first king, Otho, and the abjuration now by a large section of the Hellenic nation both in and out of Greece, of their present ruler, Constantine, who, under the cloak of the Constitution, rules the part of the country still under his dominion, not as a constitutional King of the Hellenes, but as an absolute monarch.
What is Meant by the Freedom of the Seas
Authors: Hays Arthur Garfield
Published: April 2006

Freedom is a relative term. It involves limitations as well as rights. There is no such thing as absolute freedom of any kind. A man is free only when his neighbors are limited. The matter is one of adjustment. As to the seas, the question is not one of “whether,” but of “how much.” It is, therefore, not surprising that there is a wide divergence of opinion as to what the term “freedom of the seas” means.

Each world Power has certain major and certain minor interests, and it is from this point of view that each fixes its definition of terms. Possibly peace will come about through an agreement on phrases, the divergences of opinion appearing only on conference; but when this country speaks of the “freedom of the seas” as a necessary peace term, it states nothing more definite than if it had said, “we want peace with honor.”

Freedom of the seas in time of peace is so generally acknowledged that it is hard to realize it was not so very long ago, as the course of history runs, that America fought for this principle. For a long time it was strenuously asserted that the cruisers of one nation might lawfully search merchant vessels of another nation in time of peace. Algiers, Tripoli, Tunis, and Morocco, in the early part of the last century, supported themselves by tribute levied on commerce as an alternative to piratical depredations. America’s first military excursion to Europe put a stop to this practice.
Some Aspects of the Work of the Department of State
Authors: Hughes Charles E.
Published: April 2006

It is my purpose to present to you some aspects of the work of the Department of State. In view of the nature and scope of the discussions at this meeting I do not need to emphasize the extraordinary importance of our international relations at this time. But I feel that such discussions, despite their wide range, would be inadequate unless they also served to bring about a better understanding on the part of the business men of the country of the essential instrumentality through which intercourse with foreign governments is conducted.
The Membership of a World Tribunal for Promoting Permanent Peace
Authors: Baldwin Simeon E.
Published: April 2006

It is generally believed that some kind of an agreement between some, at least, of the different governments of the world, for the better regulation of their mutual relations, must follow the close of the present wars in order most effectively to promote permanent peace. Such an agreement would naturally take the form of a treaty. It is not too soon for all peoples to consider what should be its essential nature. From a state of peace to a state of war is a short step. From a state of war to a state of peace is a long one. Official overtures of a more or less informal character must come first. A preliminary protocol of some kind must then be framed, either with or without a suspension of hostilities. One or more peace conferences naturally follow, to make more definite and permanent arrangements, and their work must practically be ratified by the legislatures of the Powers concerned. Meanwhile public opinion in each of these countries must be considered and clarified. All this takes time, and the most enduring peace is apt to be one that has not been hurried to a conclusion.

It required more than seven years of negotiation to put an end to the Thirty Years’ War. Three were spent in feeble and sporadic attempts at a settlement. Four followed which laid, by the Peace of Westphalia, the foundation of modern political history. Meanwhile fighting continued, and with the bitterness which has always characterized wars of religion. The very men who finally agreed on terms of peace met in separate congresses, one Protestant and the other Catholic, one in Münster and the other in Osnabrück.
German-American Commercial Relations
Authors: McClure Wallace
Published: April 2006

In the Treaty of Friendship, Commerce and Consular Rights signed with Germany on December 8,1923, the United States inaugurated an important development of its commercial policy in conformity with the Tariff Act of 1922, Section 317 of which directs the President, if “the public interest will be served thereby,” to “specify and declare new or additional duties” upon goods imported from countries that discriminate against the commerce of the United States. Pursuant to this provision the American Government undertook the negotiation of agreements with other countries both to eliminate existing discriminations and to obtain assurances that existing equality of treatment would be maintained. Preparation for the new series of commercial arrangements included a careful scrutiny of the most-favored-nation clause as applied to customs duties.
The Tribunal for the Interpretation of the Dawes Plan
Authors: Williams John Fischer
Published: April 2006

The readers of the American Journal of International Law may like to have a brief account of the constitution of this tribunal and of its work up to the end of its last sitting in May, 1928.

Although from the point of view of scientific jurists, it may be true that the awards of the tribunal, limited as it is to the interpretation of a single instrument, cannot be said to be of importance as laying down or even developing any general principles of international law, the practical importance of the decisions has been great, and thus the work of this piece of international mechanism is of interest to students of international affairs.
The United States and the Permanent Court of International Justice
Authors: Wright Quincy
Published: April 2006

On August 15, 1921, the Secretary of State of the United States acknowledged receipt from the Secretary General of the League of Nations of a certified copy of the protocol of the Permanent Court of International Justice opened for signature on December 16, 1920, by members of the League and states mentioned in the annex to the Covenant. On February 24, 1923, President Harding submitted the protocol and the accompanying statute to the Senate with a request for its consent to American adhesion with four “ conditions and understandings” explained in an attached letter from Secretary of State Hughes, dated February 17, 1923. President Harding continued to speak for the court until his death, and on December 6, 1923, President Coolidge commended the proposal to the Senate. Resolutions on the subject were introduced in the Senate by Senators Lenroot of Wisconsin (December 10, 1923), Pepper of Pennsylvania (April 7, 1924), Lodge of Massachusetts (May 5, 1924), Swanson of Virginia (May 5, 1924), King of Utah (May 20, 1924), and on May 26, 1924, Senator Pepper submitted a report from the Committee on Foreign Relations endorsing his proposal for Senate consent with radical amendments to the statute.
The Right of Appeal in Naturalization Cases in the Federal Courts
Authors: Hazard Henry B.
Published: April 2006

The Supreme Court of the United States, by Mr. Justice Brandeis, recently handed down its decision in Tutun v. United States, and Neuberger v. United States. This is the latest of the important Supreme Court cases determining the law of naturalization, of citizenship, and of expatriation. During the past fifteen years they have comprised Johannessen v. United States, Mansour v. United States, Luria v. United States, Maibaum v. United States, Mackenzie v. Hare, United States v. Ginsberg, United States v. Ness, United States v. Morena, Ozawa v. United States, Yamashita v. Hinkle, United States v. Thind, Kaplan v. Tod, and Toyota v. United States.
The Nature of American Foreign Policy
Authors: Potter Pitman B.
Published: April 2006

In the present study the phrase “ foreign policy ” will be used to refer to the purposes or objectives and the corresponding program of action held in view by one nation in carrying on its relations with other nations. More especially it is intended to refer beyond the surface current of events which constitute the foreign affairs or diplomatic relations of a nation in an objective sense, and which are frequently confused with the rules or tenets of policy followed by the nation in conducting its foreign affairs, and to indicate solely the principles guiding the nation in this activity. Without interpretation in terms of principle, a record of the discontinuous incidents in the foreign affairs of a nation is as meaningless as a list of the names of the kings of England.
American Participation in International Conferences
Authors: Wriston Henry M.
Published: April 2006

The participation of the United States in the Opium Conference, and in the London and Paris conferences with reference to the operation of the Dawes plan, has brought forward the question of the right of the executive to participate in such conferences. Sharp criticism has been levelled at the executive on the ground that the President is without right to send representatives, either official or unofficial, to such gatherings without the prior authorization of Congress. This question has now been in the foreground of discussion intermittently for twelve years and is worthy of some analysis.
Opinions of the Mixed Claims Commission, United States and Germany (Part II)
Authors: Borchard Edwin M.
Published: April 2006

The Mixed Claims Commission, United States and Germany, is nearing the completion of its labors. It has considered about 12,000 claims, of which about 7,000 have been entirely disallowed. The claims as originally instituted amounted to some $1,480,000,000, including the government claim for reimbursement of Rhine Army costs, a claim not pressed. The awards to American citizens and corporations will amount, it is estimated, to about $125,000,000 principal and about $50,000,000 interest (to January, 1926), a total of about $175,000,000; the government's claims for subrogation as an insurer on maritime losses, for lost Shipping Board vessels, and in the Veterans’ Bureau, will amount, with interest, to about $60,000,000. Considering that the treaty under which these awards were made established rules of liability and damages widely exceeding the rules of international law, the ratio between awards and claims is probably not far in excess of the average, which is comparatively small. It may also be said that the commission, dealing with 12,000 claims in approximately three years, has established a record for speedy adjudications never before achieved. A critique of the decisions and opinions of the commission down to January, 1925, was essayed in an editorial comment published in this Journal, Volume XIX, p. 133. The present article will undertake to consider the decisions and opinions rendered during 1925. These practically conclude the decisive judicial work of the commission.
The International Radiotelegraph Conference of Washington
Authors: Stewart Irvin
Published: April 2006

The International Radiotelegraph Conference of Washington was opened on October 4, 1927, with an address by President Coolidge and was closed on November 25, 1927, with the signing of an International Radiotelegraph Convention and Annexed General Regulations by delegates representing 78 governments and a set of Annexed Supplementary Regulations by representatives of 75 governments. In his closing address, Secretary Hoover, president of the conference, referred to it as “ the largest international conference of history.”
The Gradual and Progressive Codification of International Law
Authors: Scott James Brown
Published: April 2006

On Monday evening, April 18, 1927, his Excellency Octavio Mangabeira, Minister of Foreign Affairs of Brazil, formally opened the International Commission of American Jurists for the Codification of International Law, Public and Private, in the city of Rio de Janeiro, in the Monroe Palace, in the presence of the official representatives of seventeen of the twenty-one American Republics, having before them, as the bases of their labors,the projects of public and private international law drafted by the American Institute of International Law. On Friday afternoon, May 20, 1927, he formally adjourned the International Commission of American Jurists, which had to its credit twelve projects of public international law, and a code of private international law of no less than 439 articles, which the Commission had, within the short space of five weeks, put into shape primarily from the projects of the American Institute of International Law. It is the purpose of the present article to show how this Commission, the first official body which successfully and consciously endeavored to codify the two branches of international law, accomplished the purpose for which it had been created and assembled.
Dominion Status In International Law
Authors: Johnston V. Kenneth
Published: April 2006

At the Imperial Conference of 1926, the participating British governments agreed that the Dominions and Great Britain “ are autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations”
Grotius, de Jure Belli ac Pacis: A Bibliographical Accounts
Authors: Reeves Jesse S.
Published: April 2006

In a preceding article has been described the first edition of the De Jure Belli ac Pacis, printed in Paris by Nicholas Buon in the spring of 1625. It would appear that this first edition was soon exhausted and Grotius set about the preparation of a second edition. He wrote to his brother William, August 29,1625, as follows: “Buon says that the edition of the Apologeticus is exhausted and that he has few remaining copies of the Law of War and Peace. Therefore he is preparing to reprint them both. I shall await the advice of my friends as to what they think ought to be changed or added.” How far he went with this is not clear. It was planned that the second edition would be printed by Buon, but delays intervened and Buon's death, April 22, 1628, took place probably when about half of the printing had been done. In writing to his brother William July 27, 1628, Grotius said: “My books concerning the Law of War and Peace have been revised by me in many places. Buon has died. His heirs are continually at odds. In the meantime I am considering whether I should send these books to Leyden.” At the end of 1628 he sent his brother a copy in which were noted emendations and additions. He said: ”I send you the books on the Law of War and Peace with not inconsiderable additions. I submit the care of these to you and your friends as, if I judge correctly, it is the most important of my works.”
Interpretation of Treaties
Authors: Fachiri Alexander P.
Published: April 2006

I was much struck, in reading the interesting editorial comment on the “ Interpretation of the General Pact for the Renunciation of War” in the April issue of this Journal by the observations made regarding the admissibility of extraneous evidence for the purpose of construing treaties. The learned writer expresses the view that the intent of the parties may be sought outside the text of the agreement, not only in specific reservations, but also in “ interpretations, clarifications, understandings, constructions, qualifications or actual conditions set forth during the negotiations prior to the ratification.” This position is assumed to have the clear sanction of international law and also to be intrinsically desirable. In venturing to make the following observations I am not moved by the effect of the application of this principle to the particular case of the Kellogg Pact. My own view is that, broadly speaking, the interpretations contained in the diplomatic correspondence are implicit in the text of the Pact itself and, therefore, it is not of much practical moment to determine their precise legal effect. But the broader question of the method of construction of treaties in general is, in my opinion, not only important, but one of the most vital in international law at the present time. It goes to the root of international life today, which is so largely and increasingly based upon conventional provisions, involving asit does the issue whether states are to be bound by the engagements they have embodied in a ratified written instrument, or by supposed intentions which may be sought elsewhere.
The Eleventh Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

The Permanent Court of International Justice has settled down to continuous hard work. The experimental stage seems now to be passed, and though the revision of the Statute is still pending, the Court has entered upon a period in which attention is to be concentrated on its functioning from month to month. During 1932, the Court was in session for 240 days. The 23rd session, which began on November 5, 1931, and was broken by a recess from December 15,1931, to January 11,1932, was not concluded until February 4, 1932. The 24th session began on February 1, 1932, and was concluded on March 8,1932. The 25th session began on April 18,1932, and continued until August 11,1932.
Conclusions of the Parties in the Procedure of the Permanent Court of International Justice
Authors: Feller A. H.
Published: April 2006

The Statute and Rules of the Permanent Court of International Justice are only remotely analogous to the detailed codes of civil procedure with which lawyers practising before municipal courts are familiar. The instruments governing the procedure of the Permanent Court are sketch maps rather than meticulously detailed charts for the procedural voyage. Nor is the body of tradition of international arbitral procedure sufficiently developed to furnish reliable guides in all circumstances. Of necessity, the practice of the court must develop out of the cases which come before it. The method of growth of its procedural law finds typical illustration in the question of the treatment, and, in particular of the amendment, of the conclusions of the parties.
The Efforts for International Protection of Scientific Property
Authors: Ladas Stephen B.
Published: April 2006

Until the World War the rights of intellectual property were generallydivided into two classes: industrial and artistic or literary property, corresponding to two separate kinds of creations: those aiming at industrial results and those possessing an aesthetic or literary character. This classification, accepted as a matter of course, produced, as will be seen, some difficulties and led to unsatisfactory results in certain cases. Soon after the end of the war a new class of intellectual property began to be discussed: the scientific property. Its claim to existence and protection was not primarily due to theoretical speculation and developments of doctrine, but to practical causes.