bluuebunny/crossref_metadata_2025 huggingface dataset:
The London Conference on the Application of the Dawes Plan
Authors: Finch George A.
Published: April 2006

The Dawes plan for recovering the reparation debt of Germany to the Allies under the Treaty of Versailles was accepted by all of the interested parties at London on August 16, 1924, and certain agreements necessary to enable the plan to be brought into operation were drawn up and initialed.Formal signatures to them were attached on August 30th after the French Parliament had approved the work of the conference on August 24th and 26th, and the laws for carrying the plan into effect had been passed by the German Reichstag on August 29th. The process of putting the plan into operation was thereupon promptly started. Immediately after the signatures had been attached on August 30th, the French Government issued instructions for the evacuation of a section of the Ruhr, and the Reparation Commission on the same day announced the appointment of the principal officials who are to administer the plan, namely, the Agent General for Reparation Payments, Mr. Owen D.Young of the United States, ad interim,(the appointment of Mr. Seymour Parker Gilbert, formerly Assistant Secretary of the United States Treasury, as the permanent Agent General was announced September 4th); Trustee of the Railway Bonds, M. Delacroix of Belgium; Trustee of the Industrial Debentures, Signor Nogara of Italy; Commissioner of Controlled Revenue, Mr. Andrew McFadyean of Great Britain. Two days later, namely, on September 1st, the first instalment of twenty million (20,000,000) gold marks, due from Germany under the plan, was paid to the Agent General for Reparation Payments, and the second instalment was promptly paid ten days later. On September 4th,the restrictions placed upon the movement of persons, goods and vehicles between occupied and unoccupied Germany were removed, and four days later the eastern customs line between the same territories was abolished. On September 10th, the first of the Ruhr political prisoners were set at liberty.
The Quota Provisions of the Immigration Act of 1924
Authors: Parker A. Warner
Published: April 2006

The Immigration Act of 1924 is a novel piece of legislation in two respects.1 In it, for the first time, is a real attempt made to control immigration,measurably at least, at its source, and thus to reduce to a minimum the
hardships and inhumanities that heretofore have prevailed to such an extent as almost to be regarded as a matter of course. And in it, for the first time also, are immigration and eligibility to citizenship recognized as related subjects, and ineligibility to become naturalized made a reason for the exclusion of aliens.2 While it is by far the most drastic immigration statute ever passed by the United States Congress,, it is in numerous respects the most humane measure yet devised.
The Imbrie Incident
Authors: Stowell Ellery C.
Published: April 2006

On Friday, July 18, 1924, during a religious ceremony, Major Robert Imbrie, American vice–consul at Teheran, was attacked and done to death by a fanatical mob that misunderstood or resented his presence. The outrage was peculiarly atrocious in that the mob after severely wounding Consul Imbrie pursued him into the operating-room of the hospital where he had been taken for relief and there pounded him to death.
National Security and International Arbitration
Authors: Fenwick C. G.
Published: April 2006

The most significant feature of the development of international arbitration during the past generation has been the gradual widening of the field of controversies to which the obligation to arbitrate should apply. The plan of a comprehensive agreement to arbitrate all disputes without restriction seemed at the time of the First Hague Conference the ideal of a fardistant millennium, and to many, indeed, not even an ideal, but an unwarranted restraint upon national progress. At the moment of present writing (September 17) the plan seems to have come within the range of practical possibilities and the Assembly of the League of Nations is discussing ways and means of giving it definite actuality.
Treaties Conferring Rights in Mandated Territories
Authors: Wright Quincy
Published: April 2006

On July 2, 1924, the President proclaimed two treaties signed with France on February 13, 1923, relating to rights in the French mandated territories of Cameroons and Togoland.1 A similar treaty was made with Japan on February 11,1922,2 and Secretary of State Hughes has announced the policy of securing “ fair and equal opportunities” in all the mandated territories.3
The Hague Conference on The Codification of International Law
Authors: Reeves Jesse S.
Published: April 2006

There is being developed a special technique of codification. The Sixth Pan American Conference at Havana adopted in the form of seven conventions a codification of that number of topics in public international law; namely, on the status of aliens, treaties, diplomatic privileges and immunities, asylum, civil strife, and maritime neutrality. The preparatory work had been done by (a) the American Institute of International Law working through its executive committee, and (b) the Rio Commission of Jurists reestablished by the Fifth Pan American Conference. The proposed world conference upon codification has now been called to meet at The Hague in the spring of this year. There have been no official indications as yet of its postponement because of other international conferences. The machinery created by the League of Nations to perform the work preparatory to this conference has been functioning since 1925. The working of this machinery has already been described in this Jo u rn al down to the creation of the present Preparatory Committee for the Codification Conference. It will be remembered that the Committee of Experts for the Progressive Codification of International Law, composed of sixteen members, prepared a provisional list of topics suitable for codification by international agreement, made reports upon various topics, submitted questionnaires upon seven of them to the various governments, and selected therefrom three topics as the agenda of the first world conference on codification. This cpmmittee also made one general and two special reports upon the further work of codification, with some indications as to procedure.
Territorial Waters as a Test of Codification
Authors: Hale Richard W.
Published: April 2006

On March 13,1930, a conference will meet at The Hague to make progress in the codification of international law about territorial waters. Implicit in the plans for this meeting are two assumptions. The first, that it is better to codify the law rather than to follow the road traveled by the American Law Institute and “ restate” it. The second, that codification may more wisely be expressed in spatial than in causal terms. As to the first assumption, is it right? As to the second, it is submitted that, irrespective of whether one is drafting a custom or a code, the particular subject of territorial waters should be examined and set forth in causal rather than in spatial terms. It is submitted that the law of territorial waters has been, is, and in its nature must remain a thing of custom, not statute or treaty, and that any attempt to treat it differently will have the effect which thirtyfour years ago the late F. W. Maitlan prophesied was to be expected from the excesses of restricting by putting enactments into constitutions in the United States. “ First,” he said, “ you will get the effect of a dam,—and then you will get the effect of a flood.” Both have been seen.
Neutrality during the European Wars of 1792-1815: America's Understanding of Her Obligations
Authors: Hyneman Charles S.
Published: April 2006

The year 1792 marks the beginning of the long European struggle which started as the French Revolution and culminated in the Napoleonic Wars. The first notice that a state of war existed reached the Government of the United States August 2, 1792, when the French Minister at Philadelphia, M. Jean Temant, informed Thomas Jefferson, the American Secretary of State, that the French Government had declared war against Hungary and Bohemia. The Secretary of State, in reply to this notice, assured the French Minister that the United States would remain friendly to France “and render all those good offices which shall be consistent with the duties of a neutral nation.” This expression of Mr. Jefferson seems to be the only direct acknowledgement by President Washington or his Cabinet that the United States had been placed in the position of a neutral state.
United States–Sweden Arbitration
Authors: O’Neill Anna A.
Published: April 2006

Under a special agreement signed December 17, 1930, the United States agreed to arbitrate (pursuant to the Convention for the Pacific Settlement of International Disputes signed at The Hague, October 18, 1907) with the Government of Sweden the questions:

First, Whether the Government of the United States of America detained the Swedish motorship Kronprins Gustaf Adolf between June 23, 1917, and July 12, 1918, and the Swedish motorship Pacific between July 1, 1917, and July 19, 1918, in contravention of the Swedish-American treaties of April 3, 1783 and July 4, 1827.
The Central American Court of Justice
Authors: Hudson Manley O.
Published: April 2006

Federation in Central America. The organization of an international court in Central America was greatly facilitated by the fact that since their independence began the five Central American states have had a tradition of solidarity. This tradition has persisted in spite of frequent dissensions, and it has been expressed in numerous attempts at federation. Under the Spanish régime, the Vice-royalty of Guatemala included in its five provinces the territory of what is now the five states. It was this dependency which declared its independence in 1821. Two years later the Republic of the United States of Central America was formed, and it continued for some years. Later attempts at union were made in 1835, 1842, 1847, 1852, 1889, and 1895, all of them more or less abortive, as was the latest attempt in 1921. Unanimous agreement of the five states was always difficult to achieve; distances were great and communications difficult; and no pressing need made union imperative. Yet the attempts at federation were renewed from time to time, over a period of a century. They had the effect of encouraging cooperation in many fields, and led to the efforts in 1902, 1907 and 1921 to create a judicial agency for the handling of disputes between the five states.
“Responsibility of States,” at the Hague Codification Conference
Authors: Borchard Edwin M.
Published: April 2006

Among the three subjects which the Committee of Experts for the Progressive Codification of International Law considered ripe for codification was the subject of “Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners.” Acting on that assumption, the Committee sent out to the Governments at least three separate documents between 1925 and 1929: first, a Report of its Sub-committee, consisting of Messrs. Guerrero of Salvador, and Wang Chung Hui of China second, a Schedule of Points drawn up by the so-called Preparatory Committee of Experts, a smaller body, and designed to elicit replies from the different governments, presenting their views on different aspects of the general subject; and finally, the Bases of Discussion, consisting of the replies to the Schedule of Points made by some thirty governments, the substance of these replies being then crystallized into propositions called Bases of Discussion, on which The Hague Conference of the governments, called for March 13, 1930, was to conduct its deliberations. Perhaps that Conference was handicapped from the start by the fact that the Guerrero report, which had been circulated, departed materially, in some of its fundamental postulates and premises (representing minority views) from the subsequent Bases of Discussion, which reflected the views of the majority of the replying governments. Of the Latin-American nations, Chile was practically the only country to respond to the Schedule of Points on the Responsibility of States, and then only within the narrowest limits.
Review Of Current Periodicals
Authors: Fenwick Charles G.
Published: April 2006

Legal Disabilities of Aliens in the United States, by Max J. Kohler (pp.113-117), comments upon the generous treatment of aliens in the UnitedStates and, after disposing of the collateral questions of exclusion and expulsion which have given rise to “ serious difficulties,” proceeds to set forth the position of aliens in respect to the ownership and control of real estate, the right to employment in public works, the right to enjoy public property equally with citizens, and the right to engage in occupations in which promissory oaths or official licences are exacted. Despite isolated exceptions resident aliens are for most purposes on a footing with citizens in respect to civil rights.
The Election of Canada to the League of Nations Council in 1927
Authors: Soward Frederic H.
Published: April 2006

For the political scientist, the constitutional position of the Council of the League of Nations offers a thorny problem. In general, the Assembly and Council are each empowered to deal “ with any matter within the sphere of action of the League or affecting the peace of the world.” But, in addition, the Council is assigned special duties by Articles 6, 7, 8, 10, 14,15,16 and 24 of the Covenant and by the Treaties of Versailles, St. Germain, Trianon and Neuilly. The First Assembly tried to delimit the powers of Assembly and Council, but it must be admitted that the report presented to the Committee on General Organization by M. Viviani and Mr. Rowell (of Canada) was almost a confession of failure. They rejected comparisons with first and second chambers or legislative and executive bodies and added “ the truth is that the League offers no analogy in constitutional law.” The most recent League publication on the organization of the League contents itself with describing the Council as “ a semi-permanent organ of the Assembly.” Undeterred by its anomalous position, however, the Council has steadily grown in prestige and moral authority until election to it is keenly coveted. It is the purpose of this article to trace the steps which led to the election of Canada to the Council at the Eighth Assembly. No finer compliment to the growing importance of Canada in international affairs has yet been paid, a compliment which came appropriately enough in the year of the nation's Jubilee of Confederation.
The Turkish American Controversy Over Nationality
Authors: Gordon Leland J.
Published: April 2006

The motive force back of immigration into the United States has shown interesting variations. Appealing first to victims of religious tyranny as a haven, the United States of America assumed a new importance in the middle of the nineteenth century as a refuge for victims of political tyranny, and somewhat later for individuals seeking relief from economic poverty. Its democratic form of government offered an undreamed of freedom to millions of politically oppressed people, and its marvelous stores of natural wealth held forth fabulous opportunities for an immigrant to improve his material well-being. The cumulative and collective effects of these inducements resulted in an increasing annual influx of immigrants seeking surcease from oppression of one kind or another which culminated in the most extensive movement of people from one continent to another ever recorded by history.
Limits of the Jurisdiction of the Permanent Court of International Justice
Authors: Kellogg Frank B.
Published: April 2006

While I agree with the action taken by the Court and consider that, in view of the unsatisfactory and contradictory provisions of the special agreement by which the parties have submitted this case to the Court, it is perhaps the only course by which the Court could, under its Statute, aid the parties in arriving at a wholly satisfactory solution of their dispute, nevertheless, in view of certain language used in the order, which might be the source of doubt as to the limits of the jurisdiction of this Court and might serve as a basis of argument that it is within the competence of this Court, with the consent of the parties, to take jurisdiction of and decide purely political questions upon considerations of expediency without regard to the legal rights of the parties, I feel it incumbent upon me to make the following observations:

In my opinion the question of the competence of this Court which has been raised by the present case and a direct decision of which the Court has avoided, for the moment at least, by the making of the present order, is, from the point of view of the future of this Court and the development of the judicial settlement of international disputes, by far the most important question which has ever been brought before the Permanent Court of International Justice. I feel, therefore, that I would be derelict in my duty if I allowed the question to be passed over in silence or left any doubt as to my opinion in regard thereto.
Convention for the Suppression of Counterfeiting Currency
Authors: Fitz-Maurice Ernestine
Published: April 2006

The Convention for the Suppression of Counterfeiting Currency, which was signed at Geneva on April 20, 1929, was the natural outgrowth of a conviction, held by the majority of states, that the counterfeiting of currency was an international crime, and moreover, that it was one of a decidedly virulent and insidious character. Had this belief not been widely prevalent, the proposal of the French Government that the League of Nations should undertake the drafting of a convention for the suppression of this crime would have fallen on barren ground. As it was, the existence of the conviction that the whole community of states had an interest in the repression of this form of criminality was what made the agreement at all possible. Repeatedly, especially during the years immediately preceding the drafting of this convention, the states had had occasion to observe that purely national action against counterfeiters was often insufficient, and that international action was in many cases extremely difficult, if not, impossible. Thus, in the face of this common menace, with which separately the states were unable to cope, they came in time to realize that international cooperation was necessary, and what is more, that it was imperative, if they were to make any headway in the prevention and punishment of such crime.
The Unilateral Denunciation of Treaties by one Party because of Alleged Non-Performance by Another Party or Parties
Authors: Garner James W. , Jobst Valentine
Published: April 2006

On March 16, 1935, the Chancellor of the German Reich promulgated a law for the introduction of a system of general compulsory military conscription with a view to increasing the strength of the German army to twelve corps consisting of thirty-six divisions, aggregating, it was estimated, a total of 600,000 men. On the same day he convened the diplomatic representatives of the European Powers at Berlin and delivered to them the text of the law.
Jurisdiction Following Seizure or Arrest in Violation of International
Law
Authors: Dickinson Edwin D.
Published: April 2006

It is well settled in Anglo-American law that national courts are
competent, in general, to adjudicate rights and duties with respect to all
things or persons found within the territory which the process of the court
controls. Exceptions find an especial justification in considerations of
national or international convenience. A situation which seems to have been
insufficiently considered, however, is presented by the case of the thing or
person which has been seized or arrested abroad, in violation of
international law, and brought within the state and thus within reach of the
process of the state's courts. Should the courts be considered competent, on
the basis of physical presence thus procured, to adjudicate in the usual
way?
The 1936 Rules of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

Quite obviously, the entry into force of various amendments to the Statute of the Permanent Court of International Justice, on February 1, 1936, necessitated a revision of the Court’s Rules. Preparations for this event had already been undertaken by the Court, and the task was promptly completed. The new Rules were adopted and promulgated on March 11, 1936, and they have since been published in a third edition of Series D, No. 1, of the Court’s publications.
Litigation of the Sabotage Claims Against Germany
Authors: Woolsey Lester H.
Published: April 2006

The awards of October 30, 1939, of the Mixed Claims Commission, United States and Germany, in the sabotage cases, have recently been the subject of litigation in the United States courts. To understand this litigation, it is necessary to complete the history of these cases before the Commission.
Municipal Property under Belligerent Occupation
Authors: Franklin William M.
Published: April 2006

One of the most interesting and perplexing of the Hague Regulations of the Rules of Land Warfare of 1907 is Article 56 of Section III.., In the prevailing English version the article in question reads as follows:

The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. All seizure or destruction of, or wilful damage to, institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings
The Statute of the Permanent Court of International Justice
Authors: Hostie Jan
Published: April 2006

Opinions differ widely as to the part which an international court of justice should play in world organization. Individuals and governments for whom

Individuals and governments for whom the pursuit of certain national or international aims which are not susceptible of immediate achievement transcends the need for law and order will be inclined to conceive the role of such a court as more restricted, more subordinate, than those who believe that, in the long run, the interests of the mightiest and most dynamic nations and the most ambitious ideals of social betterment on a world-wide scale will best be served by first securing such measure of orderly world government as is today within our reach.
An Appreciation of James Brown Scott
Authors: Coudert Frederic R.
Published: April 2006

In the history of the American Society of International Law since its beginning no one was more active or more enthusiastically represented its aims and its purposes than Doctor James Brown Scott, despite a life of very exceptional activity in connection with almost every phase of international relations. Perhaps none of these other relationships, so faithfully and assiduously carried on, was as close to his heart as the success of our Society and of its Journal, of which he so long held the Editorship. As a Founder, as Secretary, as President through a decade, there was no activity of the Society that did not receive his full-hearted, enthusiastic support and leadership. For him international law was more than a study or a profession; it was, in fact, a religion.
Reminiscences of the Bering Sea Arbitration
Authors: Williams William
Published: April 2006

On February 29, 1892, a treaty was celebrated between the United States and Great Britain providing for the submission to arbitration of the issues which had arisen between those countries respecting the preservation of the valuable herd of fur seals of the Pribilof Islands in Bering Sea. These issues had come to a head in 1886 under President Cleveland, had remained very active throughout the whole of the succeeding administration of President Harrison and had lasted into the second administration of President Cleveland. During part of this period the feelings of the two governments ran high while the issues held the attention of the thinking public. Today, however, they have been largely forgotten and it would not have occurred to me to revive them during these stirring times had not my friend Mr. Frederic R. Coudert, who accompanied his distinguished father to Paris in 1893 as a youthful but very keen observer, requested that as the sole surviving member of the American delegation I review the salient features of this great effort to compose international controversies by reason rather than by a resort to arms. In complying with this request I shall at the same time seek to correct an impression held by many that the United States had a poor case, whereas in respect of one of the two principal issues, namely that of its ownership in the seals, it had a very good case, and in respect of the other, namely the regulations necessary for their preservation should ownership be denied by the tribunal, it had an unanswerable case on which it won what our opponents considered at the time to be a substantial victory though it turned out to be an inadequate one. The position of the United States on this second issue was fully vindicated several years after the arbitration.
Joint Action to Protect an American State from Axis Subversive Activity
Authors: Bunce Cowles Willard
Published: April 2006

In all three consultative meetings of American Foreign Ministers held since 1939, the American governments have officially recognized the threat of Axis psychological warfare and the possible need of meeting this danger with strong counter measures. As the war has progressed it has become increasingly evident that the independent existence of the American states might well be at stake if this problem is not effectively solved. The Panama meeting (1939) recommended that the American governments “take the necessary measure to eradicate from the Americas the spread of doctrines that tend to place in jeopardy the common Inter-American democratic ideal”; the Habana meeting (1940) made it mandatory that each government take all necessary measures to prevent and suppress such activities; and the Rio de Janeiro meeting (1942), reaffirming prior determinations in the matter, provided for the creation of a body, known as The Emergency Advisory Committee for Political Defense, to study and coördinate such measures.
The Drafting of Neutral Aliens by the United States
Authors: Fitzhugh William W. , Hyde Charles Cheney
Published: April 2006

The Alien Registration Division of the Immigration and Naturalization Service has announced that there are 695,363 alien Italians in the United States and 314,715 alien Germans. The census of 1940 indicated over eleven million white inhabitants born in a foreign country residing in the United States, and a recent release shows that about 65% of these became naturalized citizens.1 It can be calculated, therefore, that we have in this country, excluding orientals, a neutral alien population of about two millions. Are these persons protected by virtue of alien status from liability to military service? The issue has been confused by claims that rights under international law are violated by forcing neutral aliens to serve. In what follows, attempt is made to show that no controversial issue of international law need be raised, and that no such issue need interfere with the legal and domestic right of the United States to request alien service.
International Boundaries
Authors: Reeves Jesse S.
Published: April 2006

This evening I am asking you to consider with me for a while the subject of international boundaries, which, by a process involving many forces, has come to have a very important position in international law. Ratzel, the great German authority in the field of political geography, said that “the mathematical precision of boundaries is a special characteristic of higher civilization; the progress of geodesy and cartography have permitted the making in Europe of political boundaries as well as geographical abstractions.” I employ the term “boundary” rather than the term “frontier,” for “frontier” is used in two senses: one, that of the boundary; the other, that of the zone, narrower or wider, where one state ends and another begins, in which sometimes the exact limit of that frontier has never been exactly fixed.
International Legislation in the Field of Transportation
Authors: Pollaczek Gustav
Published: April 2006

The economic interdependence of the different countries of the world explains the great importance of international transportation and, consequently, of legal rules able to make sure that the transfer of goods with the utmost simplicity, safety, and speed will be practicable. If this is true for the world as a whole it is, obviously, even truer in the case of Europe, a densely populated area, divided among many sovereign states. Up to a certain point the purely national legislation of the different countries may be able to provide for international transportation as well, but this point is soon reached and then international cooperation becomes a necessity. This works, at first, through bipartite agreements—which also serve as stop-gaps when attempts at broader collaboration have failed—but the truly promising way to regulate international transportation is by multipartite conventions. In Europe agreements of this type have existed for a long time.
Alien Seamen’s Rights and the War
Authors: Knauth Arnold W.
Published: April 2006

At the moment, alien seamen present problems due to a variety of factors: The inability of Norwegian, Greek, Yugoslav, Dutch, Belgian, and other friendly vessels to return to their home ports under German occupation to replenish their crews with nationals; the dislocation throughout Europe of arrangements for hiring, paying, and attending to the welfare of seamen; the inability of American immigration authorities to force the repatriation of Norwegian, Greek, etc., seamen who overstay their leave in our ports; the wage and other labor difficulties arising from the freedom of seamen to accept or reject any offered job, to quit their jobs and seek better ones; and the operation of our Asiatic exclusion laws upon increasing numbers of Chinese and Lascar seamen.
The Rôle of the General Assembly of the United Nations in the Admission of Members
Authors: Klooz Marie Stuart
Published: April 2006

The effort of the delegate from Argentina to press the admission of certain states into the United Nations despite the negative vote of one of the five permanent members of the Security Council was denounced by the Union of Soviet Socialist Republics, Poland, Belgium, Pakistan, The Netherlands, and France as being contrary to the provisions of the Charter in the discussion on the adoption of the agenda during the Third Session of the General Assembly. These states held that even discussion of such an item by the Assembly was illegal.
Conditions of Admission of a State to Membership in the United Nations
Authors: Liang Yuen-Li
Published: April 2006

The International Court of Justice, on May 28, 1948, gave an advisory-opinion concerning the conditions of admission of a state to membership in the United Nations. By nine votes to six it held:

that a Member of the United Nations which is called upon, in virtue of Article 4 of the Charter, to pronounce itself by its vote, either in the Security Council or in the General Assembly, on the admission of a State to membership in the United Nations, is not juridically entitled to make its consent to the admission dependent on conditions not expressly provided by paragraph 1 of the said Article;

and that, in particular, a Member of the Organization cannot, while it recognizes the conditions set forth in that provision to be fulfilled by the State concerned, subject its affirmative vote to the additional condition that other States be admitted to membership in the United Nations together with that State.
Pending Projects of the International Technical Committee of Aerial Legal Experts
Authors: Latchford Stephen
Published: April 2006

The delegates to the International Civil Aviation Conference held at Chicago from November 1 to December 7, 1944, adopted a resolution stating that as the CITEJA had made considerable progress in the development of a code of private international air law, and that as the further elaboration of this code, through the completion of pending CITEJA projects and the initiation of new studies in the field of private air law, would contribute materially to the development of international civil aviation, they recommended that the various governments represented at the Chicago Conference give consideration to the desirability of bringing about the resumption of the CITEJA sessions at the earliest possible date. They further recommended that consideration be given to the desirability of coördinating the activities of CITEJA with those of the provisional and permanent international civil aviation organizations provided for at the Chicago Conference.
General Assembly Resolutions on the Problem of Voting in the Security Council and on Pacific Settlement of Disputes
Authors: Liang Yuen-li
Published: April 2006

In continuation of the note on “Some Aspects of the Work of the Interim Committee of the General Assembly,” the present note will deal with the five resolutions adopted by the General Assembly during the second part of its third session, held between April 5 and May 19, 1949, on the problem of voting in the Security Council and on the study of methods for the promotion of international coöperation in the political field. These resolutions, which were adopted upon the recommendation of the Interim Committee, concern (1) the problem of voting in the Security Council; (2) restoration to the General Act of September 26, 1928, of its original efficacy; (3) appointment of a rapporteur or conciliator for a situation or dispute brought to the attention of the Security Council; (4) amendments to the rules of procedure of the General Assembly; and (5) creation of a panel for inquiry and conciliation.
Multiple Representation in International Assemblies
Authors: Sohn Louis B.
Published: April 2006

When the representatives of the Soviet Union, the United Kingdom, and the United States met at Yalta in February, 1945, the Soviet delegation raised the question of giving separate representation in the Assembly of the United Nations to the Byelorussian Soviet Socialist Republic and to the Ukrainian Soviet Socialist Republic. The United States delegation agreed to support this claim at San Francisco, but reserved the right of the United States to put in a similar claim for three votes for itself and its possessions. The Soviet delegation raised no objection to the latter claim and the British delegation agreed to support both claims. No agreement was reached at the time with respect to the question of the participation of the two Soviet Republics at the San Francisco Conference itself. When the Yalta agreement was disclosed at the end of March objections were raised in different quarters against the principle of plural votes itself and very vehemently against the secrecy attached to the agreement. In order to pour some oil on the troubled waters the Government of the United States announced that the United States would not request for itself additional votes in the General Assembly. The United States delegation was directed, however, to cast the vote of the United States in favor of the admission of the Byelorussian and Ukrainian Republics and on April 27, 1945, the San Francisco Conference unanimously invited these Republics to become initial members of the United Nations. On April 30, 1945, it permitted them to take seats at the Conference immediately. The delegates of these republics at the Conference generally voted with the Soviet delegation but in a few instances their votes diverged. One might recall in that connection that while in the early days of the League of Nations the British Dominions followed quite closely the lead of the British delegation, twenty-five years later, at San Francisco, the British delegation found the Dominions sometimes among its most bitter opponents. It is quite possible that the position of the Soviet Republics might evolve along similar lines, though it might take some time.
The Thirty—Third Year of the World Court
Authors: Hudson Manley O.
Published: April 2006

The history of the International Court of Justice in its thirty-third year is contained in narrow compass. It is chiefly confined to one judgment rendered by the Court in the Case of the Monetary Gold Removed From Borne in 1943, and to the advisory opinion given by the Court on the Effect of Awards Made By the United Nations Administrative Tribunal. Apart from these, in the Nottebohm Case between Liechtenstein and Guatemala, the time for the rejoinder of Guatemala to be filed was extended for one month, to November 2, 1954. Action was taken by the Court ordering that the “Électricité de Beyrouth” Company Case be removed from the list at the request of the French Government; the Court also ordered that two cases brought by the United States against Hungary and the Soviet Union, relating to the Treatment in Hungary of Aircraft and Crew of United States of America, should be removed from the list for lack of jurisdiction.
Codification and Development of International Law
Authors: Lauterpacht H.
Published: April 2006

The object of the present article is to survey the problems and to assess the achievements and prospects of the codification of international law within the United Nations in the light of the experience of the first five years of the activity of the International Law Commission. The Charter, in Article 13, imposes upon the General Assembly the obligation to “initiate studies and to make recommendations … for the purpose of encouraging the progressive development of international law and its codification.” In pursuance of that article the General Assembly set up the International Law Commission and adopted a Statute regulating its functions and organization. The first session of the Commission took place in 1949. Since then, it has been meeting in yearly sessions lasting between eight and eleven weeks.
Arbitration and Judicial Settlement Recent Trends
Authors: Jully Laurent
Published: April 2006

It is generally agreed that the establishment of the Permanent Court of International Justice brought about a decisive advance in the development of arbitration. It not only made possible the elimination of the occasional element of arbitration by substituting for it a permanent institution capable of creating a real case law, but it also removed a difficulty which until then had been insuperable, viz., the question of the composition of an arbitral tribunal.
Iran’s Claim to the Sovereignty of Bahrayn
Authors: Khadduri Majid
Published: April 2006

The Oil Nationalization Act passed unanimously by both houses of the Iranian Parliament in March, 1951, raised once more the long-standing issue of Iran's claim to sovereignty over Bahrayn. The Iranian extremists, from both the left-wing Tudeh Party and the right-wing Fida'iyan Islam group, at first criticized Parliament for its silence about the oil of Bahrayn but, when the law for the expropriation of the Anglo-Iranian Company was enacted in April, they demanded that these laws should in like manner be applied to the Bahrayn Petroleum Company, jointly owned by the Standard Oil Company of California and the Texas Company, on the grounds that the Bahrayn Islands form a part of Iranian territory.
Nationalization of Foreign-Owned Property in its Impact on International Law
Authors: Kuhn Arthur K.
Published: April 2006

The nationalization of foreign-owned property presents problems which put a severe strain upon some of the accepted principles of international law. Chandler Anderson, one of the founding members of the American Society of International Law, pointed out nearly a quarter of a century ago that the principle which safeguards foreign-owned property from confiscation in time of peace “has become a part of the law of nations not merely because it represents a universally recognized standard ofjustice, but also because it is absolutely essential for the welfare of every nation, for without its protection no commercial, or financial international intercourse could safely be carried on.” Since that time, the practice of expropriating foreign property by "nationalization" has spread from Soviet Kussia to other countries constituting important parts of the free world strongly opposed to Communism.
The International Law Standard in Statutes of the United States
Authors: Wilson Robert R.
Published: April 2006

The relation of municipal law to international law is properly a subject of inquiry by both practitioners and theoreticians. That all the questions which arise in this connection have not been settled will appear from continuing discussions concerning monism and dualism, the concept of domestic jurisdiction questions, and the doctrine of self-executing treaties. Cases of clear conflict between national law in the form of statutes and that which comprises international obligations tend to receive much publicity, and properly so. The extent to which there has been conformity of national legislation to customary international law and treaties seems to have received less attention. Techniques used to secure such conformity will appear to some extent from the manner in which statute-makers have by express provisions taken cognizance of the law of nations in written or unwritten form.
American Consular Jurisdiction in Morocco and the Tangier International Jurisdiction
Authors: Nadelmann Kurt H.
Published: April 2006

In a litigation between the United States and France and Morocco, the International Court of Justice had to determine not so long ago whether United States consular jurisdiction in the French Zone of the Protectorate of Morocco extended merely to disputes among nationals and protégés of the United States, as provided for in its treaty with Morocco of 1836, or to all cases in which an American citizen or protege is a defendant. The latter—extended—type of consular jurisdiction had accrued to the United States through the operation of most-favored-nation clauses contained in its treaties with Morocco.
The Third Session of the International Law Commission: Review of its Work by the General Assembly –I
Authors: Liang Yuen-Li
Published: April 2006

The International Law Commission of the United Nations held its third session at Geneva, Switzerland, from May 16 to July 27, 1951. In the course of fifty-three meetings, the Commission completed its work on the following items: (1) reservations to multilateral conventions; (2) question of defining aggression; and (3) preparation of a draft code of offenses against the peace and security of mankind. It also concluded the first phase of a review of its Statute. In the field of the codification of international law, the Commission undertook further consideration of the topics of (1) law of treaties and (2) regime of the high seas. It also decided to initiate work on the topics of “nationality, including statelessness” and “regime of territorial waters,” and appointed Judge Manley 0. Hudson and Professor J. P. A. Frangois special rapporteurs, respectively, for these topics. The actions (including some of an administrative character) taken by the Commission are set forth in a report to the General Assembly.
The Need to Restrain the Treaty–Making Power of the United States within Constitutional Limits
Authors: Finch George A.
Published: April 2006

“The treaty-making power is an extraordinary power liable to abuse. Treaties make international law and also they make domestic law. Under our Constitution treaties become the supreme law of the land. They are indeed more supreme than ordinary laws, for congressional laws are invalid if they do not conform to the Constitution, whereas treaty law can override the Constitution. Treaties, for example, can take powers away from the Congress and give them to the President; they can take powers from the States and give them to the Federal Government or to some international body, and they can cut across the rights given the people by their constitutional Bill of Rights.”
The Order of St. John in International Law: A Forerunner of the Red Cross
Authors: Bretcha-Vatjthier Arthur C. , Potulicki Michael
Published: April 2006

The Sovereign Military Order of St. John of Jerusalem (of Malta)–a charitable organization dating back to about a thousand years ago, and still in existence –received Papal recognition as an autonomous organization in 1113, having previously been admitted as such by the King of Jerusalem. Shortly afterwards, the Order was granted its first supranational statute. From that viewpoint the institution, the principal aim of which was, and still continues to be, to assist the sick and the poor on an international basis, can be regarded as the oldest–after the Holy See— international organization recorded in history. Does not the XIVth-century chronicle of the Masters of the Order refer to "our lords, the sick," their motto for centuries having been "Infirmes et infirmas benigne reci, pere"? In this respect the Order of St. John can be regarded as the forerunner of the Bed Cross with the object of giving assistance through charity to human beings; from the outset the members of the Order founded innumerable institutions and hospitals, including those in the field, and, during military campaigns in more recent times, sanitary trains and hospital ships.
Indonesian Nationalization Measures Before Foreign Courts—A Reply
Authors: Baade Hans W.
Published: April 2006

It has recently been held in The Netherlands that Indonesian nationalization measures failed to affect title to goods and securities situated in The Netherlands. Almost simultaneously, it was decided in Western Germany that the same measures did affect title to goods situated in Indonesia. Martin Domke concludes his admirably informative report on these decisionss with the statement that while the decisions of the Dutch courts correspond with the concept of non-recognition of foreign confiscatory decrees which assertedly still prevails in Western countries, the German courts in “abandoning” what is called the prevailing view did not submit convincing reasons for “changing the well-established principles of international law.” Issue is here taken only with these latter assertions. It will be contended that the German decisions were in conformity with well-established principles of international law and followed the prevailing practice of Western countries.
Positive Law and International Law
Authors: Ago Roberto
Published: April 2006

One of the most representative authors of modern analytical philosophy, T. D. Weldon, has pointed out recently how he and his English and American colleagues have come to realize that many of the problems which their predecessors found insuperable arise not from something mysterious or inexplicable in the world around them, but from the peculiarities of the language with which we try to describe the world itself. This Oxford philosopher remarks that many errors in political doctrine and in various branches of philosophy are caused by “carelessness over the implications of language.” This carelessness, he goes on to say, is often due to the mistaken idea that words, and especially the words that normally recur in discussions on matters of political doctrine, have an intrinsic and essential meaning of their own, more or less in the same way as children have parents.
The Commonwealth and Favored-Nation Usage
Authors: Clute Robert B. , Wilson Robert R.
Published: April 2006

Guidance of development in the British Commonwealth has involved the use of various legal means. In the field of international commercial relations perhaps none has been more striking than the adaptation of the familiar idea of most-favored-nation treatment.
The Thirty-Sixth Year Of The World Court
Authors: Hudson Manley O.
Published: April 2006

The thirty-sixth year of the World Court—the twelfth year of the International Court of Justice—has been marked by an apparent tendency to increase the use of the Court. This is a good augury for the Court.