bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Theory of the Independence and Equality of States
Authors: Brown Philip Marshall 
Published: April 2006

International law in common with other sciences is compelled to lay down certain major premises or postulates. These are variously termed the “fundamental,” “primordial,” “inherent,” or “absolute rights” of the state. Thus Hall says:
The ultimate foundation of international law is an assumption that states possess rights and are subject to duties corresponding to the facts of their postulated nature. In virtue of this assumption it is held that since states exist, and are independent beings, possessing property, they have the right to do whatever is necessary for the purpose of continuing and developing their existence, of giving effect to and preserving their independence, and of holding and acquiring property, subject to the qualification that they are bound correlatively to respect these rights in others. It is also considered that their moral nature imposes upon them the duties of good faith, of concession of redress for wrongs, of regard for the personal dignity of their fellows, and to a certain extent of sociability.
Jus Gentium and International Law
Authors: Sherman Gordon E. 
Published: April 2006

At the present moment, when the very existence of international law as a practical element in the conduct of human affairs is doubted or derided by many and when such precepts as are claimed to be fundamental in that law itself are daily set at nought by belligerents in the world conflict, it has been thought that a brief outline of the earliest conceptions characterizing international jurisprudence will prove neither, useless nor unwelcome.The term “International Law” has, in the usage of our day, quite superseded the earlier expression “law of nations,” long since adopted as a translation of the Latin phrase jus gentium. The expression “International Law,” however, so familiar to us, properly denotes a wholly variant conception. In modern days it is used by the celebrated D’Aguesseau and occurs in Volume II of his works, page 337 in the edition of 1773; it is shortly afterward employed by Bentham in his “Principles of Morals and Legislation” (XVII, 326, n. 1), and has since his time come into general use. D’Aguesseau’s expression (droit entre les gens) is doubtless, in its turn, an adaptation from Zouche, Professor of Civil Law at Oxford, who uses, about 1650, the term jus inter gentes in harmony with the thought of Grotius as expressed in the opening paragraph of the Prolegomena to his De Jure Belli Ac Pacis, where Grotius explains at the outset the intended subject of his great treatise, — at jus illud quod inter populos plures aut populorum rectores intercedit, sire ab ipsa natura profectum, aut divinis constitutum legibus, sine moribus et pacto tacito introductum, attigerunt pauci, universim ac certo ordine tractavit hactenus nemo; cum tamen id fieri intersit humani generis.
American “Good Offices” in Asia
Authors: Dennett Tyler 
Published: April 2006

The first article of the American treaty with China, June 18, 1858, reads:There shall be, as there have always been, peace and friendship between the United States of America and the Ta Tsing Empire, and between their peoples, respectively. They shall not insult or oppress each other for any trifling cause, so as to produce an estrangement between them; and if any other nation should act unjustly or oppressively, the United States will exert their good offices, on being informed of the case, to bring about an amicable arrangement of the question, thus showing their friendly feelings.
An Early Diplomatic Controversy between the United States and Brazil
Authors: Manning William R. 
Published: April 2006

It was two years after the United States formally declared for the recognition of the new Latin-American states and after several Spanish-American states had been recognized before the question of recognizing Brazil arose. When, in April, 1824, Rebello presented himself in Washington as the Brazilian chargé, a difference of opinion arose in Monroe’s cabinet, because Brazil was a monarchy, while all of the other American governments were republics, and some hoped that monarchy might have no foothold on the continent. Others, however, advocated the recognition of Brazil the more strongly because it was a monarchy in order to show the world that it was the fact of independence which actuated the United States rather than the form of government.The opposition to recognition was strengthened by recent news of a formidable separatist movement in the north, with Pernambuco as a center, the purpose of which was to establish an independent republic under the name of the Federation of the Equator. This; raised a serious doubt whether the government at Rio de Janeiro were really in effective control. It was reported, too, that the assistance of French naval vessels had been accepted in order to repress the Pernambuco revolt. This conjured up the specter of the so-called Holy Alliance, for the exclusion of which from America Monroe’s famous message of the preceding December had declared. There was also a strong suspicion, supported by persistent rumors, that Dom Pedro (who had allowed himself to be made Emperor when in 1822 Brazilian independence from Portugal was declared, who had summoned a constituent assembly and then quarreled with it and finally forcibly dismissed it because it proved too liberal to suit his ideas of prerogative, and who had appointed a council that had drawn up a fairly liberal constitution in harmony with his wishes which he had not yet taken the oath to observe) really wished to restore Portuguese sovereignty and rule Brazil as a vassal of his father, the King of Portugal. About the middle of May, however, word came that in the preceding March the Emperor had taken the oath to the constitution of the independent Brazilian Empire. After Rebello had given assurances concerning the suppression of the slave trade and the observance of treaties that had been negotiated with Portugal, he was formally received by President Monroe as Brazilian chargé on May 26, 1824. He expressed his gratitude that “the Government of the United States has been the first to acknowledge the independence of Brazil.”
The Doctrine of Positive Acts
Authors: Stevens Guy 
Published: April 2006

On March 27, 1928, the United States Department of State issued the following public statement:The petroleum regulations just promulgated by President Calles constitute executive action which completes the process beginning with the decision made by the judicial branch of the Mexican Government on November 17, 1927, and followed by the enactment of the new petroleum law by the legislative branch on December 26 last.Together these steps voluntarily taken by the Mexican Government would appear to bring to a practical conclusion the discussions which began ten years ago with reference to the effect of the Mexican constitution and laws upon foreign oil companies. The department feels, as does Ambassador Morrow, that such questions, if any, as may hereafter arise can be settled through the due operation of the Mexican administrative departments and the Mexican courts.
Reservations to Multilateral Treaties
Authors: Fenwick C. G. 
Published: April 2006

The problem of reservations to multilateral treaties signed at the close of international conferences is one that has long been a matter of concern to the regional Organization of the American States, as it is now to the Secretariat of the United Nations. How can we promote the general acceptance of international agreements and yet recognize that, after the text of the treaty has been agreed upon and signed by representatives of the executive department of a state, the popularly elected Congress, which in democratic constitutions must give its assent to the ratification of the treaty, may object to certain provisions of the treaty and refuse to approve the agreement without making exception of one or more objectionable articles?The simplest answer would be to say that we simply cannot recognize any such intervention on the part of the legislative body. Once the treaty has been signed, the treaty must be ratified in the form signed or not ratified at all. But such a position would be needlessly extreme. What if the other signatories of the treaty find no objection to the proposed reservation, looking upon it as being no more than the expression of a national complex which the particular state may have with respect to possible effects of the treaty not contemplated by themselves, or in any case as not constituting any substantial obstacle to the attainment of the objectives of the treaty? In such a case the other signatories might readily agree to accept the proposed reservation under the belief that it is better to have the particular state cooperate in that restricted way than not at all; and if they are willing to do so, why not let them?
Human Rights in the United Nations
Authors: McDougal Myres S. , Bebr Gerhard 
Published: April 2006

“They meant simply to declare the right, so that enforcement of it might follow as fast as circumstances should permit.“They meant to set up a standard maxim for free society, which should be familiar to all, and revered by all; constantly looked to, constantly labored for, and even though never perfectly attained, constantly approximated, and thereby constantly spreading and deepening its influence and augmenting the happiness and value of life to all people of all colors everywhere.”
The Enforcement of International Judgments
Authors: Reisman W. M. 
Published: April 2006

“There’s th’ internaytional coort, ye say, but I say where ar-re th’ polis? A coort’s all r-right enough, but no coort’s anny good onless it is backed up by a continted constabulary.”per Mr. Dooley, An International Police Force (1899).The world community is not on the brink of Armageddon because of a paucity of legal answers. Legal institutions exist. Moreover, any problem, without respect to the identity of the decision-maker, may be solved “legally”: by impartial assessment of the facts and formulation of a decision by reference to the parties’ commitments as well as to overriding community policies. Most frequently the real problem is not in arriving at an answer in law, but in enforcing an answer in law. In the final analysis, law is not only, as the Legal Eealists contend, what the courts say 2 but also what the sheriff does. Law comprises not only the verbal pronouncements of authoritative organs, but also the established patterns of behavior of the individuals composing society.
Law and Peaceful Change in a Subsystem: “Withdrawal” of France from the North Atlantic Treaty Organization
Authors: Stein Eric , Carreau Dominique 
Published: April 2006

“Nothing can cause a law that is no longer in accord with custom to remain unamended. Nothing can eause a treaty to remain wholly valid once its purpose has altered. Nothing can cause an alliance to continue as it stands when the conditions in which it was created have changed.”—General de Gaulle, on Feb. 21, 1966.The able American Ambassador to France, Charles E. Bohlen, has declared before a Senate Committee that the withdrawal of France from the NATO integrated commands was “probably the most serious event in European history since the end of the war.” In weighing this assessment, one might well keep in mind de Tocqueville’s reminder that “what we call essential institutions are often only the institutions to which we are accustomed.” Yet there is little question that the French move was a significant development in postwar Europe. The purpose of this article is to explore some implications of this development for the international system and for the international legal order.
The Rann of Kutch Arbitration
Authors: Wetter J. Gillis 
Published: April 2006

The boundary dispute between India and Pakistan in the Rann of Kutch case is one of the major instances of international arbitration in the postwar period.The object of the ad hoc Tribunal was to determine a sector of the boundary between India and Pakistan in the southwestern region of the Indian subcontinent between what in British times was Sind, now forming part of the Islamic Republic of Pakistan, and the State of Kutch and other Native Indian States, which now form part of the Province of Gujarat in the Republic of India. The length of the boundary eventually established by the Tribunal was about 255 miles. The disputed territory, the area of which has been estimated to be 3,500 square miles, consisted for the most part of a portion of a tract known as the Great Rann of Kutch, or the Rann.
The Treaty on the Non-Proliferation of Nuclear Weapons
Authors: Firmage Edwin Brown 
Published: April 2006

On March 13, 1969, the United States Senate by a vote of 83 to 15 consented to the ratification of a treaty described as “the most important international agreement brought before the U. S. Senate since the North Atlantic Pact” and “the most important international agreement limiting nuclear arms since the nuclear age began.” Assuming a timely entry into force, the Treaty on the Non-Proliferation of Nuclear Weapons may delay incarnation of the specter which “haunted” John F. Kennedy:I see the possibility in the 1970's of the President of the United States having to face a world in which 15 or 20 or 25 nations may have these [nuclear] weapons. I regard that as the greatest possible danger and hazard.
The Principle Pacta Sunt Servanda and the Nature of Obligation Under International Law
Authors: Lukashuk I. I. 
Published: April 2006

The principle that treaty obligations must be fulfilled in good faith is one aspect of the fundamental rule that requires all subjects of international law to exercise in good faith their rights and duties under that law.In the sociopolitical sphere, this fundamental principle may be seen as manifesting the need perceived by states for an international legal system that can ensure international order and prevent arbitrary behavior and chaos. In the legal sphere, the principle is confirmation of the character of international law as law. Subjects of international law are legally bound under the principle to implement what the law prescribes.
The Investment Provisions of the Canada—United States Free Trade Agreement: A Canadian Perspective
Authors: Raby Jean 
Published: April 2006

This is a good deal, a good deal for Canada and a deal that is good for all Canadians. It is also a fair deal, which means that it brings benefits and progress to our partner, the United States of America. When both countries prosper, our democracies are strengthened and leadership has been provided to our trading partners around the world. I think this initiative represents enlightened leadership to the trading partners about what can be accomplished when we determine that we are going to strike down protectionism, move toward liberalized trade, and generate new prosperity for all our people.On January 2, 1988, President Ronald Reagan of the United States and Prime Minister Brian Mulroney of Canada signed the landmark comprehensive Free Trade Agreement (FTA) between the two countries that already enjoyed the largest bilateral trade relationship in the world. The FTA was subsequently ratified by the legislatures of both countries, if only after a bitterly fought election on the subject in Canada. On January 1, 1989, the FTA formally came into effect.
The Legitimacy of the Collective Authority of the Security Council
Authors: Caron David D. 
Published: April 2006

The ideal, once it is embodied in an institution, ceases to be an ideal and becomes the expression of a selfish interest, which must be destroyed in the name of a new ideal. This constant interaction of irreconcilable forces is the stuff of politics. Every political situation contains mutually incompatible elements of utopia and reality, of morality and power.E. H. Carr[T]he crucial question is not what principle is acknowledged but who is accepted as the authoritative interpreter of the principle or, to put it in institutional terms, how the process of legitimization works.Inis Claude, Jr.At this pivotal point in history, a fundamental and oft-raised issue is “international governance.” Means of effective governance are seen as necessary to more complex arrangements of world order. But achieving effective governance ultimately will mean the existence of institutions that legislate, that is, institutions that make decisions binding on the whole. As a general matter, states have been skeptical of, if not hostile toward and consequently unwilling to accept, such governance. The United Nations Security Council is a notable exception; in the sometimes broad, sometimes narrow, area of international peace and security, the Security Council has taken decisions in the name of, and binding upon, the entire international community.
Preferential states of longitudinal tension in the outer tissues of Taraxacum Officinale (Asteraceae) peduncles
Authors: Niklas Karl J. , Paolillo Dominick J. 
Published: April 2006

We tested Wilhelm Hofmeister's hypothesis that the outer layers of herbaceous stem tissues are held in a preferential state of longitudinal tension by more internal stem tissues that are held in a reciprocal state of compression. We measured (1) the biaxial stiffness of dandelion peduncles that were barometrically inflated with a Scholander pressure bomb, and (2) the stiffness and mechanical behavior of different layers of tissues that were surgically manipulated as longitudinal strips placed in uniaxial tension. Hofmeister's hypothesis predicts that stems will shorten and expand in girth as their volume transiently increases (due to barometric or hydrostatic inflation), that they will longitudinally rupture when excessively inflated, and that the principal stiffening agents in their outer tissues will be aligned in the longitudinal direction with respect to stem length. Our experiments confirmed these predictions: (1) the longitudinal strains observed for inflated peduncles were negative and smaller than the circumferential strains such that stems contracted in length and expanded in girth, (2) peduncles longitudinally ruptured when excessively inflated, (3) surgical experiments indicated that the epidermis was stiffer in longitudinal tension than any other immature peduncle tissue and was as stiff as any other tissue region in mature stems, and (4) microscopic analyses showed that the net orientation of cellulose microfibrils in the cell walls of the outer region of stem tissues was parallel to stem length. A strong positive correlation existed between the tensile stiffness of tissues and the net orientation of cell wall microfibrils.A biomechanical model for the dandelion peduncle wall was constructed based on the thermal behavior of a cross‐ply unidirectional composite material whose adjacent plies contain orthogonally oriented stiffening agents. This model accurately predicted the magnitudes of the tensile stiffness of different tissue regions, the proportional thickness of these regions, and the formation of a bulge in the epidermis and a crease on the inner surface of the stem wall when the innermost region of stem tissues was transversely cut. For each of its variants possessing an outer ply with longitudinally aligned stiffening agents (i.e., a 0° ply) and containing at least one internal ply with transversely aligned stiffening agents (i.e., a 9° ply), the model predicted a state of preferential longitudinal tension in the 0° ply (or plies) and of preferential longitudinal compression in the 9° ply as posited by Hofmeister's hypothesis.
The chaparral vegetation in Mexico under nonmediterranean climate: the convergence and Madrean‐Tethyan hypotheses reconsidered
Authors: Valiente‐Banuet Alfonso , Flores‐Herna´ndez Noe´ , Verdu´ Miguel , Da´vila Patricia 
Published: April 2006

A comparative study between an unburned evergreen sclerophyllous vegetation located in south‐central Mexico under a wet‐summer climate, with mediterranean regions was conducted in order to re‐analyze vegetation and plant characters claimed to converge under mediterranean climates. The comparison considered floristic composition, plant‐community structure, and plant characters as adaptations to mediterranean climates and analyzed them by means of a correspondence analysis, considering a tropical spiny shrubland as the external group. We made a species register of the number of species that resprouted after a fire occurred in 1995 and a distribution map of the evergreen sclerophyllous vegetation in Mexico (mexical) under nonmediterranean climates.The Tehuaca´n mexical does not differ from the evergreen sclerophyllous areas of Chile, California, Australia, and the Mediterranean Basin, according to a correspondence analysis, which ordinated the Tehuaca´n mexical closer to the mediterranean areas than to the external group.All the vegetation and floristic characteristics of the mexical, as well as its distribution along the rain‐shadowed mountain parts of Mexico, support its origin in the Madrean‐Tethyan hypothesis of Axelrod. Therefore, these results allow to expand the convergence paradigm of the chaparral under an integrative view, in which a general trend to aridity might explain floristic and adaptive patterns detected in these environments.
The Emigration and apostasy of Lev Tikhomirov
Authors: Gleason Abbott 
Published: April 2006

The Apostasy of Lev Aleksandrovich Tikhomirov, one of the few surviving giants of the Executive Committee of Narodnaia volia, was among the most severe disasters which the Russian revolutionary movement sustained in the decade following the assassination of Alexander II. In the summer of 1888 Tikhomirov, the coeditor of Narodnaia volia's Geneva journal, published a pamphlet entitled Pochemu ia perestal byt' revoliutsionerom (Why I Ceased to Be a Revolutionary), and early the following year he returned to Russia, having received a full pardon from the tsar.In the words of Nikolai Apollonovich Charushin, a friend and colleague since the old days of the Chaikovskii circle, Tikhomirov's recantation produced the effect of an “exploding bomb” in both the official Russian and the émigré press. According to the liberal historian Bogucharskii, rumors were rife around Moscow that Pobedonostsev had made Tikhomirov's return conditional on his retiring to a monastery to atone for his sins. The Moskovskie vedomosti, of which Tikhomirov was subsequently to become editor, greeted the prodigal son with joy. Referring to Why I Ceased to Be a Revolutionary, a Vedomosti writer noted that “here we find the frank confession of a man who took an important part in the criminal sedition of the last fifteen years, whose conscience has finally been awakened, and whose sanity has been restored, in place of that madness with which his comrades strive toward their absurd, impossible goals.”
The Leningrad Collection of Zemstvo Publications
Authors: Timberlake Charles E. 
Published: April 2006

The collection of Zemstvo Publications (Kollektsiia zemskikh izdanii) in Leningrad is undoubtedly the most important source of materials for the study of the zemstvo institutions which existed in Russia from 1864 to 1917. Because the work of these institutions touched every phase of Russian society, the collection is valuable for countless other topics as well. Containing approximately 100,000 volumes, it was formed in the 1950s from the library of the former Free Economic Society. It is little publicized and has not been utilized, even by Soviet scholars, to the degree it deserves. As of June 1966 the collection had been used, according to the staff, by only two American scholars, although access to it is granted to almost any scholar who has a card for the Saltykov-Shchedrin Library, of which it is a branch.The collection is one of the fonds which make up the Fondy Vol'nogo Ekonomicheskogo Obshchestva (Fonds of the Free Economic Society), which are housed in a room of the Fontanka Embankment Library at 36 Fontanka Embankment, Leningrad, approximately three blocks from the Saltykov-Shchedrin Library. In the same building are the main library's newspaper collection and newspaper reading room and various other reading rooms for graduate and undergraduate students.