bluuebunny/crossref_metadata_2025 huggingface dataset:
Latin America and International Law
Authors: Alvarez Alejandro
Published: April 2006

The entry of Latin America into the community of nations is one of the most important facts in the history of civilization. It resulted not only in widening the field occupied by International Law but also in radically modifying its character. Although the Latin States of America inherited the civilization of the peoples of Europe, they developed along different lines. In number, and in the fact of their common origin they were like the members of one large family who had been suddenly and almost simultaneously called into independent life.

This combination of circumstances caused these nations, upon their appearance in the general society of states, to exclude from their constitutions the principles of European public law which did not harmonize with the special character of their organization; and to reject, in their foreign relations, those principles and practices that were incompatible with their independent position or that did not favor their special conditions of development.
Some Suggestions as to the Permanent Court of Arbitration
Authors: Ralston Jackson H.
Published: April 2006

Through the Hague convention of 1899, for the first time by a general treaty, nations in effect agreed that under certain circumstances, at least, they were morally bound, as were ordinary corporations or mere private individuals, to submit the merits of their disputes to impartial examination. The old doctrine that the king, as the representative of Deity, could do no wrong and the newer fiction that national governments were sovereign—beyond the ordinary gauges of right and wrong—and were their own courts of last resort upon the rightfulness of their actions toward other governments, subject only to the arbitrament of war, were measurably impaired, the signatory nations admitting fallibility and agreeing that, composed as they were of an aggregate of individuals, like their component parts they might err, and that the question as to whether they had erred or not could fairly be determined by other human beings, perhaps no wiser, but certainly more impartial than themselves.
Insurgency and International Maritime
Law
Authors: Wilson George Grafton
Published: April 2006

War in the full sense, according to
international law, can exist only by declaration
or recognition of belligerency by a state. War in
the material sense of an actual contest of armed
forces may and does often exist without such
declaration or recognition. However desirous a
party using armed force within a state and in
opposition to it may be to be regarded as a
belligerent, such a party has not the legal
capacity to raise itself to a belligerent status.
This status can be gained only by action of the
parent state or of a foreign state. An armed
contest may, nevertheless, exist and of this fact
others must often take notice.
The Proposed International Prize Court
Authors: Brown Henry B.
Published: April 2006

Had the Second Hague Conference done nothing more than adopt the convention for the establishment of an International Prize Court, it would have sufficiently justified its being called together and refuted the criticisms of those who, because it did not accomplish all its most enthusiastic supporters desired, have sought to belittle its results.
The Hague Convention Respecting the Rights and Duties of Neutral Powers in Naval War
Authors: Cheney Hyde Charles
Published: April 2006

The purpose of this convention, as indicated in the preamble, is to harmonize the existing divergent views of states concerning the relations between neutrals and belligerents in the event of naval war, and to anticipate the difficulties to which such divergence may give rise, by framing rules of general application to meet the case where hostilities may have unfortunately broken out.
The Launching of Projectiles from Balloons
Authors: Davis George B.
Published: April 2006

In the marked development which has recently taken place in aërial navigation, attention has not infrequently been directed to the practicability of “bombarding” fortified and unfortified places by dropping projectiles from balloons.
The Equality of States and the Hague Conferences
Authors: Charles Hicks Frederick
Published: April 2006

The Second Hague Conference accomplished many valuable results and failed in much that it attempted. Many of its failures have been attributed to a faulty method of organization.
The History of the Department of State
Authors: Hunt Gaillard
Published: April 2006

Although the Constitution did not provide in terms for the creation of Executive Departments of the Government, it spoke of them as things which would be established as a matter of course.
Compulsory Arbitration at the Second Hague Conference
Authors: Lammasch Heinrich
Published: April 2006

It was in the natural course of things that the Second Conference of 1907, called to elaborate the work of 1899, should deal with the problem of extending arbitration along the lines indicated in the Russian proposal of 1899, and that the question should be reconsidered as to whether the nations could not and should not obligate themselves to refer disputes to arbitration.
The History of the Department of State
Authors: Hunt Gaillard
Published: April 2006

The first Congress of the Revolution assembled in Carpenter's Hall, Philadelphia, September 5, 1774. An address to the king of England was adopted and transmitted to the agents of several of the colonies in London, with instructions to present it to the king. They were to ask the aid of such Englishmen as they might have reason to believe were “friends to American Liberty.” The instructions were drafted October 26, 1774, by John Jay and Richard Henry Lee, and were sent to Paul Wentworth, who represented New Hampshire, Charles Garth, a member of Parliament, the agent of South Carolina; William Bollan, agent of the Massachusetts Council; Thomas Life, the agent of Connecticut; Edmund Burke, who had been chosen agent of New York in 1771; Arthur Lee, who held an appointment to succeed Benjamin Franklin as agent of the Massachusetts Assembly; and Franklin himself, who had been appointed in 1765 agent of Pennsylvania, in 1768 of Georiga, in the same year of New Jersey, and in 1770 of the Massachusetts Assembly.
Citizenship and Allegiance in Constitutional and International Law
Authors: Willoughby W. W.
Published: April 2006

The recent report on Citizenship of the United States, Expatriation, and Protection Abroad, together with the work of Mr. Van Dyne on Citizenship of the United States, and the invaluable Digest of International Law, by Prof. John Bassett Moore, render easily accessible and readily comprehensible the principles of the American law with reference to the status of our citizens and of aliens for the time being within our territorial limits. At the same time, however, these publications make more evident the fact that, in many instances, the conflicting claims of two or more states upon the same individual are settled rather by mutual concessions than upon principle; that legal and political rights are asserted, but with an understanding, more or less explicit, that under given circumstances they will not be exercised. Thus, by a legislative act, legally binding upon our executive and judicial officers, we have declared the right of the individual to expatriate himself to be an absolute and indefeasible one, and that the naturalized American citizen is to have the same rights and is to receive the same protection as the native-born citizen, whether or not the state of original allegiance consents to the expatriation thus involved. In practice, this law, thus formally declared, has never been rigidly enforced, for the very good reason that to attempt to do so would lead to constant and serious international difficulties.
Disarmament
Authors: Hobson Richmond Pearson
Published: April 2006

Universal peace is the hope of the whole world — peace between individual men, peace between social groups. It has been the heart’s desire of good men and the dream of poets and philosophers since time immemorial.
The Practice of Asylum in Legations and Consulates of the United States
Authors: Gilbert Barry
Published: April 2006

The practice of extending protection, or “ asylum,” within the walls of legations and consulates to refugees and unfortunates, rests upon no very satisfactory legal basis, but rather upon considerations of humanity. Though from time to time certain recognized doctrines of international law and certain doctrines of somewhat more doubtful recognition have been asserted in justification, it will be found that the so-called “ right of asylum ” is no right at all, but only a privilege granted or claimed where its use seems necessary by reason of an unstable condition of society.
Studies on the Eastern Question
Authors: Scelle G.
Published: April 2006

Eastern Europe is at the present moment in such a condition of unstable equilibrium and fermentation that it can not be known whether this abnormal state of affairs can end in peace or in war. The map of the East, so carefully prepared by the Congress of Berlin in 1878, is hardly more than a memory. The state of conventional law which resulted, having been decreed in an arbitrary manner, could only be artificial; and being sustained solely by the balancing of the forces of the Eastern States, it had to be modified according to circumstances, thus furnishing a new illustration of the importance of the harsh rule of interpretation of treaties known as the clause “ rebus sic stantibus.” The sudden happenings of 1908 have for their remote but certain cause the war in Manchuria, that grave political blunder of St. Petersburg. Held in check upon the Bosphorus by England, supplanted little by little at Constantinople by German influence, Russia, modifying the line of policy which she had constantly followed since the testament, spurious or genuine, but undoubtedly realistic of Peter the Great, thought to find in the extreme East an outlet for her political and territorial ambitions. There she disclosed her own military weakness rather than the strength of her adversary, and suffered the annihilation of her political influence in Europe. Even the Western balance of power was affected. France lost Morocco; and as for the Eastern balance of power, it no longer exists, and the kingdom of Servia has lost the reason for its existence. It is through the sudden displacement of the two sides of the scales into which Russia and Austria had thrown the weight of their swords that the Eastern upheaval was created.
The A.B.C. Mediation
Authors: Slayden James L.
Published: April 2006

How to regulate social, political and commercial intercourse between the people and Government of the United States and the peoples and governments of the other republics on the American continent so as to establish and maintain perfect cordiality and mutual confidence and respect, is a problem which has never been satisfactorily solved.

In considering this question, which is often to the front and some times discussed with acerbity, certain disagreeable facts must be faced. In the process of understanding it American vanity will be hurt, but that is no reason for avoiding the effort to do so. There is abundant reason for believing that Americans are not popular in Mexico and other Latin-American countries. It is not the purpose of the writer in this brief essay to undertake to show why this is so. Suffice it to say that the people of the United States are viewed with suspicion, and this doubt of them and their purposes has militated against the development of American trade in the southern republics, and is a cause of irritation which ought to be cured. Diplomatic friendship has existed and does exist, but that is a relationship which can always be counted on until an open breach is imminent. Less than thirty days before the outbreak of the greatest war in all history there was an assumed—a diplomatic— cordiality between the monarchs of Russia, England, Germany and Austria. There is no danger of a cataclysm in America such as is deluging Europe with blood; but that unparalleled disaster shows that something more than formal friendships, something far more than diplomatic amenities, is desirable in the intercourse of nations.
The Panama Canal Act and the British Protest
Authors: Latané John Holladay
Published: April 2006

The Panama Canal project has its roots deep in the past. The diplomatic complications presented by the enterprise have been as difficult to overcome as the engineering obstacles. Now that the dream of ages is about to become a reality, certain of our newspapers, impressed with the magnitude of the task which the United States has undertaken and carried well-nigh to completion, are asking impatiently, what rights has Great Britain in the canal, why should she venture to dictate what use we shall make of our own property? Merely to say that England has rights under the Hay-Pauncefote treaty does not appear to satisfy these critics. They ask again, why did the United States ever give England any voice at all in the matter? In order to answer this question we have to go back to the middle of the last century when the Clayton-Bulwer treaty was negotiated and see what the relative positions of the United States and England with respect to the isthmus were at that time.
Neutralization and Equal Terms
Authors: Kennedy Crammond
Published: April 2006

Neutralization is the imposition by international agreement of a condition of permanent neutrality upon lands and waterways.

The author of the essay 1 of which the foregoing is the opening sentence draws the following distinction between the neutrality and the neutralization of states (p. 1):

While simple neutrality is the condition of those states which in time of war take no part in the contest, but continue pacific intercourse with the belligerents, neutralization perpetuates this condition by means of treaties effected between several powerful nations and the neutralized state.
The Work of the Joint International Commission on Panama Claims
Authors: Rowe Leo S.
Published: April 2006

The questions presented to the Joint International Commission appointed under the terms of Articles VI and XV of the treaty between the United States of America and the Republic of Panama, ratified February 26, 1904, were of so unusual a character that a brief statement of the principles formulated by the Commission will probably be of interest to students of international law.
The Hudsonian Sea is a Great Open Sea
Authors: Balch Thomas Willing
Published: April 2006

As a result of the continual development of the northwest provinces of the Dominion of Canada, the railroad is advancing slowly closer and closer to the Hudsonian Sea. The Canadian Northern Railway aims to extend its system to Port Nelson, and the Grand Trunk Pacific Railway proposes to build a line to Fort Churchill, both suitably protected harbors on that great sea. If during a short portion of the year the breadstuffs harvested in Saskatchewan and Alberta could be transported to either or both of these points on the Hudsonian Sea, and then by steamer to Liverpool or some other European port, the length of the route between the northwest prairies of Canada and the markets of Europe would be considerably shortened.
The Origin of the Hague Arbitral Courts
Authors: Myers Denys P.
Published: April 2006

A few years of experience with the Permanent Court of Arbitration served to make clear the points on which it could be improved. “There was thus created,” wrote James Brown Scott as reporter of the project for a Court of Arbitral Justice, “a single institution which might decide purely legal questions on the basis of respect for law, and broader questions of a non-judicial nature, either or both of which were to be decided by judges, that is arbiters, chosen by the parties in controversy. In modern states judicial questions are decided by judges in courts of justice, and the judges are not the direct appointees of the parties. In matters of purely private interest which may be compromised, judges of the parties’ choice are as much in place as they would be out of place in a court of justice.”
The Treaty Providing for American Assistance to France in Case of Unprovoked Aggression by Germany Against the Latter
Authors: Potter Pitman B.
Published: April 2006

Second only to the proposed Covenant of the League of Nations in its claims upon the interest and attention of the American people and the Senate of the United States, and of far more importance and interest to them than the terms of the proposed treaty with Germany, outside of the section of that treaty which contains the Covenant of the League of Nations, is the proposed treaty with France.
The Armistices
Authors: Bliss Tasker H.
Published: April 2006

This work was published early in the course of the Paris Peace Conference. Even at that time its title was somewhat misleading. Practically all of the so-called secret documents contained in it, including the extracts from the proceedings of the Allied Council which adopted the armistice terms, had already been published in every country that took any interest in the war.
Orders in Council and the Law of the Sea
Authors: Sherman Gordon E.
Published: April 2006

With the victorious growth of Napoleon’s military power subsequent to the disastrous rupture in May, 1803, of the peace concluded at Amiens on March 27, 1802, the emperor determined to revive and develop certain conceptions already illustrated in decrees of the Directory and Consulate which had looked to the subversion of England through limitation or annihilation of its sea-borne commerce.
The Pan-American Financial Conferences and the Inter-American High Commission
Authors: Moore John Bassett
Published: April 2006

On March 12, 1915, while the Great War, daily increasing in intensity, was drawing the world more and more into its vortex, the American Governments were, in the name of the President of the United States, invited to send delegates to a conference with the Secretary of the Treasury, at Washington, with a view to establish “closer and more satisfactory financial relations between the American Republics.” To this end it was intimated that the conference would discuss not only problems of banking, but also problems of transportation and of commerce. It thus came about that there assembled in Washington on Monday, May 24, 1915, under the chairmanship of the Honorable William G. McAdoo, Secretary of the Treasury, the first Pan-American Financial Conference.

The subjects submitted to the conference embraced public finance, the monetary situation, the existing banking system, the financing of public improvements and of private enterprises, the extension of inter-American markets, the merchant marine and improved facilities of transportation. It was a program that went beyond the emergencies growing out of the war; and the conference in its deliberations did not confine itself to the adoption of temporary devices. On the contrary, it sought to meet a permanent need by establishing an organization which should devote itself to the carrying out of a task whose importance was not to be measured by temporary conditions, whether of war or of peace.
The Mandatory System
Authors: Mills Mark Carter
Published: April 2006

During the progress of the world war there came to thoughtful men everywhere the deepening conviction that fundamental among the causes of modern warfare are the policies that lead to colonial rivalry and the imperialistic exploitation of undeveloped regions and backward peoples.

All belligerent parties looked forward to the peace settlement as an occasion for the satisfaction of territorial ambitions and the settlement of war damage claims in terms of colonial acquisitions. To humanitarians in all nations the peace settlement seemed to offer a precarious but possible occasion for the settlement of colonial claims upon terms of justice and in the interest of the hitherto little regarded native peoples.
The Neutrality of Switzerland
Authors: Sherman Gordon E.
Published: April 2006

The recognition and guarantee of Swiss neutrality once definitely accomplished at the Congress of Paris in November, 1815, its subsequent progress was destined to be deeply affected by constitutional struggles in both federal and cantonal organizations.

It will be recollected that the initial change in the ancient Swiss alliance to a more modern form of government was introduced as the result of invasion by the French revolutionary forces, and that from April 12, 1798, to February 19, 1803, Switzerland was governed under the Helvetic Constitution imposed by the French, which created a military state with the cantons as administrative divisions only in accordance with Title II, section 15 of the instrument:—

L’Helvétie est divisée en cantons, en districts, en communes et en sections ou quartiers des grandes communes. Ces divisions sont des divisions électives, judiciaires et administratives, mais elles ne forment point de frontiéres.
The Treaty of Peace with Germany in the United States Senate
Authors: Finch George A.
Published: April 2006

For the second time the United States Senate, on March 19, 1920, refused its advice and consent to the ratification of the Treaty of Peace with Germany, signed at Versailles on June 28, 1919. The first rejection took place exactly four months before, namely, on November 19, 1919. The vote on the treaty in November was 39 for and 55 against, and in March 49 for and 35 against. Both votes were upon resolutions of ratification containing reservations and understandings the acceptance of which by the Allied and Associated Powers was made a condition precedent to the going into effect of the ratification of the United States. A resolution of ratification without reservations or conditions of any kind was presented to the Senate on November 19, 1919, and defeated by a vote of 38 for to 53 against. No resolution of this kind was offered or voted upon in March. The treaty has thus failed to receive in either form the concurrence of two-thirds of the Senators present as required by the Constitution for the making of treaties by the President.
The Doctrine of the Equality of Nations in International Law and the Relation of the Doctrine to the Treaty of Versailles
Authors: Armstrong S. W.
Published: April 2006

The Hague Conference of 1907 had for one of its objects the formation of an international court of justice, the decisions of which were to systematize international law and resolve its inconsistencies. Such an international court, the “Court of Arbitral Justice,” was approved in principle by the Conference, but failed to be established because the Conference was unable to agree on the composition of the court.
The Rhineland Commission at Work
Authors: Ireton Robert E.
Published: April 2006

Unique among the governing bodies of the world today, controlling in large measure about thirty-one thousand square kilometers of the former German Empire with a population exceeding six million inhabitants, the Interallied Rhineland High Commission, the supreme representative of the Allied and Associated Powers within the occupied territory, presents to the student of administrative law much that is enlightening, interesting and valuable. In this branch of jurisprudence, so highly developed among continental European nations, America has not specialized to any marked degree, and indeed the same may be said of Great Britain. The High Commission— referred to hereinafter for the sake of brevity as the Commission— is the antithesis of the legal doctrine enunciated by Montesquieu and so readily accepted by the framers of our own Constitution: the triune distribution of power, the separation of governmental authority into executive, legislative and judicial departments, each distinct and independent of the others, yet all so correlated as to make one consistent, harmonious and logical system of government. The Commission itself exercises executive, legislative and judicial authority, and not infrequently issues its administrative mandates, enacts important and far-reaching ordinances, and reviews, as would an appellate court, the action of a German civil or criminal court at one and the same sitting. And it must be said with entire frankness that it does all these things well. Perhaps its limited personnel—men, however, of exceeding high mental and statesmanlike qualities—is responsible for much of its success. Be that as it may, the excellence of its administration is another proof that the “ form” of a government is not the thing which counts, but the results of that government's action.
The International Labor Organization of the League of Nations
Authors: Gregory Charles Noble
Published: April 2006

On October 29, 1919, the first annual meeting of the International Labor Conference opened at Washington, D. C. It convened pursuant to the invitation of the United States Government authorized by joint resolution of Congress in accordance with and under the provisions of the Versailles Peace Treaty and the League of Nations. The meeting was in some respects embarrassed by the fact that the League of Nations had not yet come into existence, but it nevertheless proceeded, doubtless on the theory that, in the present disjointed times, it is not inappropriate that the creature should precede the creator.
International Society and International Law
Authors: Reeves Jesse S.
Published: April 2006

In a reeent work entitled The Psychology of Nations we are told that “International Law must be made intelligible to very young minds, and now that we are to have an international seat of congresses and courts, the interest must be made in its existence to give reality to the idea of internationalism.” This admonition by a psychologist is illustrative of a widespread attitude toward international law; that it is a matter readily understood, for which there need be no specialized training, everyone being competent to pass judgment upon any subject about which international law is supposed to be concerned.
International Law in its Relation to Constitutional Law
Authors: Wright Quincy
Published: April 2006

The traditional treatment of international law has almost if not wholly dissociated it from constitutional law. International law has been conceived as concerned only with the abstractions known as states—Platonic ideas, as it were, which could not be seen or felt but had their existence in a world apart, inhabited only by other abstractions such as sovereignty, independence and equality. The extent of a state's territory, the character of its people, or its form of government was no concern of international law.“ Relative magnitude creates no distinction of right, relative imbecility whether permanent or casual, gives no additional right to the more powerful neighbor,” said Lord Stowell. “ Russia and Geneva have equal rights,” repeated Chief Justice Marshall.
The Neutrality of Switzerland
Authors: Sherman Gordon E.
Published: April 2006

Switzerland’s neutrality, as exhibited during the present European conflict and also on the occasion of other wars of the past century, does not found itself simply upon principles of international law, but rests directly upon a series of explicit international and constitutional documents and is deeply interlocked with the historical development of the country and with the foundation and growth of its government. Differentiating itself widely from that attitude of mere aloofness exhibited by a nation which declines to join a struggle in which others may be engaged, Swiss neutrality is an essential element of the country’s governmental existence and is intended by the nature and sanctions of its origin to be as permanent as the nation itself. Such an aspect of neutrality is termed neutralization; though in origin quite dissimilar to that of Switzerland, this international quality was also characteristic, at the outbreak of the present war in 1914, of Belgium and Luxemburg, as well as of a variety of smaller governmental entities or adjuncts.
The Prussian Theory of Government
Authors: Willoughby W. W.
Published: April 2006

Political scientists make a sharp distinction between the terms “State” and “Government.” A State is a group of individuals viewed as a politically organized unit. In the eyes of the law it appears as a corporate being possessing supreme authority and issuing commands in the form of laws addressed to those over whom it claims authority. A Government is the machinery or complexus of organs through which this state-being formulates, expresses, and enforces its will.

In my preceding paper I dealt wholly with the Prussian conception of the State and had nothing to say regarding Prussian conceptions of Government. In this paper I shall have little to say regarding the Prussian theory of the State and shall devote myself almost wholly to a consideration of the Prussian governmental system. Of this system, however, I shall speak of but one of its features, namely, its strong monarchical character. In result there should appear what justification there is for the demand of the United States and of the Entente Powers for a modification of the Prussian system.
The Rights of Visit and Search, Capture, Angary and Requisition
Authors: Wise Jennings C.
Published: April 2006

That the laws of nations with respect to the right of visit and search, and the right of capture were well defined and established in 1914 can not be doubted. The best proof that there were such laws in force is the fact that there was not in the sisterhood of nations a single enlightened state whose prize courts had not undertaken to interpret and administer them, and to award damages for their violation. The interpretations of these courts may have varied, just as the interpretations of statutory law vary among the municipal courts of the same state, but there were, nevertheless, such laws, and they were interpreted. Furthermore, it would appear that by the courts of Great Britain and the United States in particular, they were interpreted and administered with as high a degree of uniformity as the same law is ordinarily interpreted and administered by the courts of two or more different states of the American Union.
Shall there be War After the War? The Economic Conference at Paris
Authors: Bates Clark John
Published: April 2006

Germany is preparing to rehabilitate her industry and commerce after the war shall end and the entire world is interested in knowing what plans for rehabilitation she will adopt. There are two types of commercial policy which have opposite effects on the countries immediately involved and on the remainder of the world.
The Obligation to Ratify Treaties
Authors: Harley John Eugene
Published: April 2006

One of the earliest examples of a sort of ratification is found in the treaty between Justinian and the Persian King, Chosroes, in 561 A. D. In this case the sovereigns agreed to accept that which their plenipotentiaries had promised and agreed upon. The French-Swiss alliance of May 28, 1777, was sanctioned by solemn oaths. It was the custom in earlier times to take hostages to insure ratification; this Grotius believed entirely proper. The oath gave way to a mere act or declaration of ratification.

Grotius likened a plenipotentiary to a mandatory, holding that all agreements reached by him were binding upon the sovereign from the time of signature, unless the secret instructions were transcended. Thus he regarded ratification as a mere form, not affecting the validity of the treaty. Likewise Martens, writing in 1789 at the time of the adoption of the Constitution of the United States, believed that if a mandatory had not exceeded his secret instructions, all that he agreed to was binding upon the state represented, and that the law of nations required no particular ratification (ratification particulière). Pufendorf regarded treaties valid from signature and thought ratification superfluous.
The Palmas Island Arbitration
Authors: Jessup Philip C.
Published: April 2006

The recently concluded arbitration between the United States and the Netherlands relative to the ownership of the Island of Palmas, which resulted in the decision of the Permanent Court of Arbitration that this bit of territory belongs to the latter country, involved points of interest to the international lawyer out of all proportion to the importance of the res.1 In this respect it would of course be no novelty in the annals of national jurisprudence. In addition to many interesting matters of arbitral procedure, the case involved most of the international substantive law of real property, if it may be so called.
Ontwikkeling en Codificatie van de Diplomatieke Voorrechten. By Jan Louis Frederik Van Essen. (Doctor's dissertation, University of Utrecht) The Hague: S. Gonda Quint, 1928. Tomo II, pp. xii, 227.
Authors: Engert Cornelius Van H.
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.
Treatment of Enemy Private Property in the United States before the World War
Authors: Turlington Edgar
Published: April 2006

According to the theory accepted by the American and English courts, and by nearly all the American and English writers on international law, war between nations is war between their individual citizens. It makes of the citizens or subjects of one belligerent, enemies of the citizens or subjects of the other. The whole nation is embarked in one common bottom and must be reconciled to submit to one common fate. The government at war is the representative of the will of all the people and acts for the whole society. According to the rival theory, which, though first put forward by Rousseau merely as a philosophical principle, has been accepted by a large number of Continental jurists as a fundamental principle of international law, war is a relation between states in which individuals are enemies only accidentally, not as men nor even as citizens, but simply as soldiers. Under the Anglo-American theory, the private property of the nationals of each belligerent, on land or sea, is in principle subject to capture and confiscation by the other belligerent.
Disarmament
Authors: Bliss Tasker H.
Published: April 2006

These two careful and elaborate studies of the problem of disarmament have attracted wide attention among its students in Europe and the United States. Both have appeared in the year in which probably more definite thought than ever before has been given to the subject by men earnestly striving to find the entrance to some path that may lead to the solution. These volumes plainly show that the writers—than whom no one can have thought more deeply—are convinced that it is not a problem for abstract reasoning. It is not like an equation in mathematics where the application of definite rules leads to one exact conclusion. In such a problem, if there
are unknown factors, they are inert things; they are subjected, without evoking protest, to any sort of torturing process of analytical reasoning to determine their value, and that being done the problem is solved. But in
this other problem the factors are living, sentient things; human beings acting of themselves in the mass or under the influence of individuals; swayed by every sentiment of the mind, fear, suspicion, greed, ambition,
and by the highest and purest as well; sentiments perhaps dormant at one time, at another in intense activity, sometimes thinking and reasoning and again appearing as a wild outburst of senseless passion, and at all times
subject to direction towards purposes good or ill according to the character of some guiding mind. No wonder that so many think it a waste of time to study the problem at all while, at the best, it seems to be one the solution of which can be arrived at only by a long slow process of empiricism.
The Competence of the Mixed Arbitral Courts of the Treaty of Versailles
Authors: Strupp Karl
Published: April 2006

Regardless of what we may think of the Treaty of Versailles, we must admit that it contains indications of farsightedness and broad vision. Among these I include the Covenant of the League of Nations and the clauses relating to international rivers and international labor laws. But even apart from these groups of laws and regulations, the provisions of the treaty which aim to submit disputes arising out of an especially important part of the treaty to international arbitration constitute, from the point of view of international law and considered in an abstract way—that is, only with reference to their creation and their significance for the development of international law and international arbitration—a real accomplishment, the fulfilment of wishes expressed even before the war by such scholars as von Bar, Meurer, Wehberg and Ludwig Wertheimer. At the same time the creation of the arbitral courts in the sense of Part X, Section VI, confirms the fact that the tendency toward arbitral settlement of such disputes even as arise from treaties of peace, to which I already called attention before the war, has not been abandoned on account of the war. This was proved by the German treaties with the Eastern countries and is now again indicated by the Treaty of Versailles.
The Mixed Courts of Egypt
Authors: Brinton Jasper Y.
Published: April 2006

“ I have often taken occasion to remark that next to the Church, the Mixed Courts are the most successful international institution in history.” (Farewell address of Sir Maurice Amos, Judicial Adviser to the Egyptian Government, Alexandria, March 25,1925, trans.)
The Three-Mile Limit
Authors: Baty Thomas
Published: April 2006

After any close inquiry into the present authority of the rule of the threemile limitof territorial waters, the candid observer will probabjy come to the conclusion that therule, while not infrequently attacked in theory, is supreme in practice. Diplomatists seldom or never question it; professors occasionally do. In the actual conduct of affairs,it is seldom challenged, and never successfully so. It must be premised that in what follows there is left out of account altogether the question of bays and gulfs. This is a different and more difficult question which can best be treated separately.
Proposed Rules for the Regulation of Aerial Warfare
Authors: Garner James W.
Published: April 2006

When the World War, in which aircraft was employed for the first time on an extensive scale as an instrument of combat, broke out, there were few conventional rules and naturally little or no customary law in existence governing the conduct of hostilities in the air. There was, to be sure, the declaration prohibiting for a period of five years the launching of projectiles and explosives from balloons or by other new methods of a similar nature, signed at The Hague in 1899 and renewed in 1907 for a period extending to the close of the third peace conference. Since the third conference has never been convoked, the declaration may be regarded as still binding onthe states which have ratified it, in a war in which both or all the belligerents are contracting parties. But it is significant that only about half the states represented at the second conference signed the declaration, and among those which did not were Germany, France, Russia, Spain and Italy. It thus happens that the principal military states of Europe are not parties to it and its value therefore is slight. In consequence of the so-called “solidarity” clause it was not binding upon any of the belligerents during the World War, not even upon those which had ratified it.
The Eighth Year of The Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

During the year 1929, the Permanent Court of International Justice
held two sessions, and handed down three judgments and three formal
orders. The sixteenth (extraordinary) session of the court began on May
13, 1929, and ended on July 12, 1929; and the seventeenth (ordinary) session began on July 8, 1929, and ended on September 10, 1929. At the sixteenth session, the court gave an order in the “ Case Concerning the Denunciation by China of the Treaty of November 2, 1865, between China and Belgium” ; an order in the “ Case Concerning the Factory at Chorzow (Indemnities)” ; a judgment (No. 14) in the “ Case Concerning the Payment of Various Serbian Loans Issued in France” ; and a judgment (No. 15) in the “ Case Concerning the Payment in Gold of the Brazilian Federal Loans Issued in France.” At the seventeenth session, it gave an order in the “ Case of the Free Zones of Upper Savoy and the District of Gex,” and a judgment (No. 16) in the “ Case Relating to the Territorial Jurisdiction of the International Commission of the River Oder.” In addition to these activities, extensions of its jurisdiction and changes in the court's structure, which have been previsaged, make the year notable in the history of the court.
Nationality: Jus Soli or Jus Sanguinis
Authors: Scott James Brown
Published: April 2006

There is no topic of present interest, involving as it does the status of men, women and children of various countries, and even of birth in the same country, as that of nationality. It bristles with difficulties! To begin with, various terms are used, apparently meant to mean one and the same thing, although unless they are carefully defined, they may refer to different aspects of the subject. For example, “ national” is used as a synonym for “ subject” or “ citizen,” yet one may be a national of a country, and subject to its jurisdiction, without, however, being a citizen—as in the case of the Filipinos, who are, indeed, subject to the Government of the United States and entitled to its protection abroad, although they are not citizens either in the sense of international, or of national law. Then there is a difference of opinion as to the branch of law to which the matter belongs—the Englishspeaking peoples regarding it as forming part of the public law of nations, whereas others consider it as more properly falling within the domain of private international law, to which, in turn, the English world gives the not inappropriate designation of conflict of laws.
Political Offenses in the Law and Practice of Extradition
Authors: Deere Lora L.
Published: April 2006

Since the middle of the 18th century the practice of extradition has gradually developed until today there are some 350 extradition conventions, practically all bilateral in nature, and extradition laws in twelve or more states. These conventions and laws regulate the various phases of extradition procedure, and, in most instances, contain an article concerning political offenses. This circumstance, combined with the fact that political offenders are numerous, makes the problem of political offenders in extradition one of current importance.
Some Observations on the Calvo Clause
Authors: Feller A. H.
Published: April 2006

In the case of the Mexican Union Railway, Ltd., decided in February, 1930, the British-Mexican Claims Commission, set up in accordance with the Convention of November 19,1926, added another stone to the somewhat unsteady structure of decisions on the Calvo Clause. The majority of the Commissioners enthusiastically adopted the considerationsof the United States-Mexican General Claims Commission in the North American Dredging Case, “ not thinking it necessary to repeat them, or possible to express them better.” Even the British Commissioner, Sir John Percival, who dissented, differed from the majority mainly in regard to the application of the opinion in the North American Dredging Case to the case at bar, and was not less cordial in his approval of that opinion.
Legitimate Targets in Aërial Bombardment
Authors: Williams Paul Whitcomb
Published: April 2006

The first non–stop flight to Europe was, perhaps, a victory for the cause of peace and international goodwill, but to those who have followed the developments in aerial warfare and the attempts which have been made in recent years to formulate rules for the conduct of belligerent operations in the air, this and successive flights come as a reminder of the still nebulous state of international air law.
Rights Over the Arctic
Authors: Lakhtine W.
Published: April 2006

The transarctic flights of 1926 and 1928 demonstrate the possibility of establishing communication by air across the Arctic regions between Europe, on the one side, and North America and the Far East on the other. Quite aside from the saving of time owing to shorter distance, the establishment of such communication presents considerably less diiSculty than air communication over the Atlantic: a conclusion derived from the transatlantic flights of the last three years. The experience of the airship Italia in May, 1928, does not at all nullify this conclusion. It serves merely to show that the organization of transarctic communication requires special prearrangements, such aa wireless stations, meteorological stations, landing-places, air-bases, the construction of which on the shores, islands, and even on the ice of the Arctic Ocean, appears to be quite feasible. The necessity for such stations has aroused in the governments of the North countries an increased interest in the Arctic regions which heretofore has been restricted to scientific circles.
The Treaty-Making Power in Japan
Authors: Colegrove Kenneth W.
Published: April 2006

Viewed from the functional attitude, few aspects of international government offer more difficult problems than the constitutional process for negotiating, ratifying, executing and revising interstate agreements. Defects in the organizations for international cooperation are matched by imperfections in the internal machinery for asserting the will of states in collective undertakings. Certainly the constitutional development of the control of foreign policy has not kept pace with recent progress in international government as typified by the League of Nations and the International Labor Organization. The World War brought a more liberal control of foreign affairs in Germany and Austria. But in most countries, constitutional development in the supervision of the foreign office moves more slowly than in other fields of public law; and in all countries proposed changes in the mechanism of the regulation of international relations meets the powerful resistance of conservatism and national prejudice.
The Origin of the Law of Unneutral Service
Authors: Hill Norman L.
Published: April 2006

The law of unneutral service deals with those acts of neutral vessels which constitute assistance to a belligerent, significant enough in consequences to give the offender a hostile character. It must be emphasized that, contrary to the inferences of some writers, unneutral service has nothing to do with acts committed by a hostile state. There are rules dealing with such acts, but they are not comprehended within the meaning of the term which is the subject of this discussion.
The Narcotics Convention of 1931
Authors: Wright Quincy
Published: April 2006

The international conventions to control the use of opium and narcotic drugs have been of interest to the United States (1) primarily from the standpoint of their efficiency in combating an acknowledged evil. They also have a more general interest in that they illustrate methods (2) of sumptuary regulation, (3) of economic planning, and (4) of international administration, perhaps capable of application in other fields. Finally, (5) the application of these conventions has raised some problems of general international law.
The Preparation of International Labor Conventions
Authors: Wilson Francis G.
Published: April 2006

There is virtual silence in the history of the international labor movement on the technique of preparing international labor conventions both before and at the Peace Conference. The developments of the last fourteen years in this field must, therefore, be listed as an unexpected evolution in international coöperation. It should have been easy to see at the end of the first International Labor Conference in 1919 that the methods of preparation were defective. That the Organizing Committee of 1919 should not have had adequate information on world labor conditions is understandable; but what is not understandable is that there was scarcely any consciousness of the magnitude of the problem before the International Labor Organization in drafting suitable labor conventions.