bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Nicaraguan Mixed Claims Commission
Authors: Schoenrich Otto 
Published: April 2006

The recent adjournment of the Nicaraguan Mixed Claims Commission marks the accomplishment of one of the measures suggested by the American Government for the financial rehabilitation of Nicaragua, and the conclusion of the most comprehensive examination yet made in Central America of claims against a government.After the fall of the governments of Zelaya and Madriz in Nicaragua, the new government which came into power in September, 1910, found, among the many problems awaiting it, a heavy internal debt and an enormous number of claims pending against a bankrupt treasury. The claims were principally war claims arising in the various civil commotions to which Nicaragua had been a prey, and especially in the revolution that had just ended. Further, during the Zelaya regime, the country had been plastered with concessions, which were regarded as unconstitutional, illegal and burdensome monopolies, and of which many were held by foreigners. The liquidation of the claims and the cancellation of illegal concessions were necessary incidents in the task of ameliorating the unfortunate economic condition of the country.
Neutrality and the Sale of Arms
Authors: Gregory Charles Noble 
Published: April 2006

The extent to which belligerents may interfere with the commerce of neutrals, on sea or land, has been in all wars a question of warm and continued dispute. A powerful belligerent is apt to proceed lawlessly, and a powerful neutral is apt to claim more rights than the authorities concede. It could-not be expected that the present state of war, involving every first class Power in the world, except the United States, and many of the lesser states as well, would be free from such complications, and this expectation has certainly been realized.It would be improvident to undertake the discussion of so broad a topic as the whole of this controversy. This writer has several times, before considerable assemblies and in various publications, ventured to express his opinion on one limited portion of this dispute, namely, as to the right of neutrals to export munitions of war to belligerents and the extent to which the other belligerents are entitled to complain of or interrupt such trade.
Should the Monroe Policy be Modified or Abandoned?
Authors: Armstrong Robert D. 
Published: April 2006

There is probably no principle of American politics, which has exercised a more powerful influence or has impressed itself more forcibly upon the American imagination than the Monroe Policy. Throughout our diplomatic history it has set the standard by which our whole foreign policy has been tested. In its defense we have risked war with the most powerful of European nations. It has come to be regarded with a sort of religious veneration, and in the popular mind it ranks in importance with the Declaration of Independence.But in these latter days irreverent scoffers have endeavored to prove that this principle that we have worshipped is unsound. There has been more discussion of the Monroe Policy in the last two years than ever before. Is the Monroe Policy an “obsolete shibboleth” as charged by Professor Bingham? Is our devotion to this cardinal principle of American diplomacy “mere slavery to rhetoric and sentiment”? Is this lamp which has guided our feet for almost a century nothing more than a will-of-the-wisp, an “ignis fatuus”? It is high time that we should settle this question, for if all these years we have based our foreign policy on a false principle, assuredly the day is at hand when we shall reap the results of our errors.
The International Law of Aerial Space
Authors: Hershey Amos S. 
Published: April 2006

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

The building of the Panama Canal has not been a one man’s work by any means. In its inception the preparation of the field, the elimination of impossible routes, and in the actual construction work, it has drawn forth some of the best brains of the country.Noted engineers from civil life have had an important influence in determining the locality best suited for the purpose, and also in the plans adopted for building the canal; and the names of these men will go down in history as a part of its constructive force. But as the principal object of building the canal was to augment means for the national defence, it was eminently proper that the Army and Navy of the United States should have paramount influence in its establishment. For nearly forty years naval men have been engaged in surveying different parts of Central America and the Isthmus of Panama to find a practical route which should offer the fewest obstacles in cutting a channel between the two oceans. Finally, by a process of elimination, which brought the problem to a choice between the Nicaragua and Panama routes, the construction of a canal was actually begun by an American company on the Nicaragua line, and the work of construction put in the charge of naval officers.
The Sanction of International Law
Authors: Peaslee Amos J. 
Published: April 2006

In a recent editorial of one of the legal periodicals, the author quotes Alexander Hamilton’s statement in the Federalist, that “it is essential to the idea of law that it be attended with a sanction, or in other words, a penalty or punishment for disobedience,” and from this premise draws the following conclusion: “The law of nations, so-called, is a mere empty term or phrase, a high resounding name for something in and of itself vain and impotent.”To most authorities and students of international law, the author’s conclusion is somewhat astounding, but the fact that the statement could be made by a prominent legal editor, illustrates the extent of the present popular distrust of the science.
The Declaration of Paris
Authors: Stockton Charles H. 
Published: April 2006

The Declaration of Paris of 1856 reads as follows:
(1)Privateering is and remains abolished.(2)The neutral flag covers enemy goods with the exception of contraband of war.(3)Neutral goods, with the exception of contraband of war, are not liable to capture under an enemy’s flag.(4)Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient to prevent access to the coasts of an enemy.This declaration was directly and indirectly caused by the Crimean War, beginning in 1854 and ending in 1856, which war was a result of the war between Turkey and Russia, which began in October, 1853.The ostensible cause of this latter war was a dispute which had arisen upon the custody of the Holy Places in Jerusalem. The real cause was the intention of Russia to begin the dismemberment of the Turkish Empire in Europe. The Czar of Russia suggested in January, 1853, to the British Ambassador at St. Petersburg that England might receive Egypt and Crete as her portion of the proposed result. Prance and England were ready, however, for various reasons, to come to the assistance of Turkey, while Count Cavour, in order to increase the prestige and political position of Sardinia, was desirous of joining the Anglo-French Alliance.
The Sanction of International Law
Authors: Roxburgh Ronald F. 
Published: April 2006

Every satisfactory definition of law implies a sanction. Some penalty must be imposed upon a law-breaker, to be exacted, in the last resort, by external power. Force, therefore, is vital to law as it is to war, though normally it plays a less obvious part. A felon who is brought up for trial, condemned, and sent to prison, is induced by force, or by the fear of force, to submit to the court and to punishment. The policeman and the warder are the instruments of external power by which he is constrained to obey.Force also supplies the most important incentive for securing obedience to law. It is true, as Maine pointed out, that for every man who keeps the law through conscious fear of punishment, there may be hundreds who do so as it were instinctively, and without a thought on the subject. But while this law-abiding spirit, which is characteristic of large sections of a modern community, owes its origin to a number of causes, perhaps the most potent of all has been the enforcement of law through long ages in the past.
What is Meant by the Freedom of the Seas
Authors: Hays Arthur Garfield 
Published: April 2006

Freedom is a relative term. It involves limitations as well as rights. There is no such thing as absolute freedom of any kind. A man is free only when his neighbors are limited. The matter is one of adjustment. As to the seas, the question is not one of “whether,” but of “how much.” It is, therefore, not surprising that there is a wide divergence of opinion as to what the term “freedom of the seas” means.Each world Power has certain major and certain minor interests, and it is from this point of view that each fixes its definition of terms. Possibly peace will come about through an agreement on phrases, the divergences of opinion appearing only on conference; but when this country speaks of the “freedom of the seas” as a necessary peace term, it states nothing more definite than if it had said, “we want peace with honor.”Freedom of the seas in time of peace is so generally acknowledged that it is hard to realize it was not so very long ago, as the course of history runs, that America fought for this principle. For a long time it was strenuously asserted that the cruisers of one nation might lawfully search merchant vessels of another nation in time of peace. Algiers, Tripoli, Tunis, and Morocco, in the early part of the last century, supported themselves by tribute levied on commerce as an alternative to piratical depredations. America’s first military excursion to Europe put a stop to this practice.
The Membership of a World Tribunal for Promoting Permanent Peace
Authors: Baldwin Simeon E. 
Published: April 2006

It is generally believed that some kind of an agreement between some, at least, of the different governments of the world, for the better regulation of their mutual relations, must follow the close of the present wars in order most effectively to promote permanent peace. Such an agreement would naturally take the form of a treaty. It is not too soon for all peoples to consider what should be its essential nature. From a state of peace to a state of war is a short step. From a state of war to a state of peace is a long one. Official overtures of a more or less informal character must come first. A preliminary protocol of some kind must then be framed, either with or without a suspension of hostilities. One or more peace conferences naturally follow, to make more definite and permanent arrangements, and their work must practically be ratified by the legislatures of the Powers concerned. Meanwhile public opinion in each of these countries must be considered and clarified. All this takes time, and the most enduring peace is apt to be one that has not been hurried to a conclusion.It required more than seven years of negotiation to put an end to the Thirty Years’ War. Three were spent in feeble and sporadic attempts at a settlement. Four followed which laid, by the Peace of Westphalia, the foundation of modern political history. Meanwhile fighting continued, and with the bitterness which has always characterized wars of religion. The very men who finally agreed on terms of peace met in separate congresses, one Protestant and the other Catholic, one in Münster and the other in Osnabrück.
The Tribunal for the Interpretation of the Dawes Plan
Authors: Williams John Fischer 
Published: April 2006

The readers of the American Journal of International Law may like to have a brief account of the constitution of this tribunal and of its work up to the end of its last sitting in May, 1928.Although from the point of view of scientific jurists, it may be true that the awards of the tribunal, limited as it is to the interpretation of a single instrument, cannot be said to be of importance as laying down or even developing any general principles of international law, the practical importance of the decisions has been great, and thus the work of this piece of international mechanism is of interest to students of international affairs.
Sedentary Fisheries and the Convention on the Continental Shelf
Authors: Young Richard 
Published: April 2006

The Convention on the Continental Shelf of April 29, 1958—one of the works of the first United Nations Conference on the Law of the Sea— declares in Article 2(1) that the “coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources.” The fourth paragraph of the same article defines these resources as
the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.
The Content of the Duty to Exhaust Local Judicial Remedies
Authors: Mummery David R. 
Published: April 2006

The purpose of this paper is to examine certain aspects of the nature and content of the duty, arising in the law of international claims, tot exhaust local remedies. The general rule of exhaustion of local remedies, as set forth in familiar terms in the award of the Commission of Arbitration in the Ambatielos case is as follows:[The rule] means that the State against which an international action is brought for injuries suffered by private individuals has the right to resist such an action if the persons alleged to have been injured have not first exhausted all the remedies available to them under the municipal law of that State. The defendant State has the right to demand that full advantage shall have been taken of all local remedies …
Developments in the Law and Institutions of International Economic Relations
Authors: Rubin Seymour J. 
Published: April 2006

When there is no meeting of minds, agreement on a form of words, and the creation of machinery for discussion, are idle. Charles Kindleberger, in Global Companies, 84 (1973).… the successful negotiation of an international treaty which could facilitate a massive movement of capital and of business from the industrialized to the developing nations through “multinational” companies is among the most urgent tasks of diplomacy.Eugene V. Rostow, id. 113.
“A Springboard for the Future”: A Historical Examination of Britain’s Role in Shaping the Optional Clause of the Permanent Court of International Justice
Authors: Lloyd Lorna 
Published: April 2006

The Permanent Court of International Justice (PCIJ) was established in 1922. Article 36, paragraph 2 of its Statute reads:The Members of the League of Nations and the States mentioned in the Annex to the Covenant may, either when signing or ratifying the protocol to which the present Statute is adjoined, or at a later moment, declare that they recognise as compulsory ipso facto and without special agreement, in relation to any other Member or State accepting the same obligation, the jurisdiction of the Court in all or any of the classes of legal disputes concerning:(a)the interpretation of a treaty;(b)any question of international law;(c)the existence of any fact which, if established, would constitute a breach of an international obligation;(d)the nature and extent of the reparation to be made for the breach of an international obligation.
Our Rights and Obligations to Future Generations for the Environment
Authors: Weiss Edith Brown 
Published: April 2006

This we know: the earth does not belong to man: man belongs to the earth. … Whatever befalls the earth, befalls the sons of the earth. Man did not weave the web of life: he is merely a strand in it. Whatever he does to the web, he does to himself.Chief Seattle†We read every day about the desecration of our environment and the mismanagement of our natural resources. We have always had the capacity to wreck the environment on a small or even regional scale. Centuries of irrigation without adequate drainage in ancient times converted large areas of the fertile Tigris-Euphrates valley into barren desert. What is new is that we now have the power to change our global environment irreversibly, with profoundly damaging effects on the robustness and integrity of the planet and the heritage that we pass to future generations.
European Convention on Human Rights—applicability to acts performed outside national territory— acts in Northern Cyprus possibly within Turkish jurisdiction—territorial limitation of declarations of acceptance—dynamic interpretation of provisions on enforcement
Authors: Bello Judith Hippler , Kokott Juliane , Rudolf Beate 
Published: April 2006

Loizidou v. Turkey. 310 Eur. Ct. H.R. (ser. A).European Court of Human Rights, March 23, 1995.The applicant, a Greek Cypriot woman, stated that since July 20, 1974, Turkish troops had prevented her from returning to land in Northern Cyprus that she owned and had intended to use, inter alia, for her family home. Furdiermore, she alleged that her arrest and detention by Turkish Cypriot policemen for ten hours after she had crossed die cease-fire line in 1989, when participating in a women's march aimed at asserting the Greek Cypriot refugees’ right to return to their homes, violated her human rights. Rejecting in part die preliminary objections raised by the respondent Government, die Grand Chamber of the European Court of Human Rights held that die facts of die case are capable of falling widiin Turkish jurisdiction as a result of die presence of Turkish troops on the territory of Cyprus, so that the European Convention on Human Rights (ECHR) may be applicable to these acts.
Solzhenitsyn's Place in Contemporary Soviet Literature
Authors: Hayward Max 
Published: April 2006

I am so completely in agreement with the main points of Victor Erlich's diagnosis—particularly with the lucidly formulated conclusions in the last few pages—that I shall confine myself to the one issue on which I dissent from his judgment—namely, his opinion of Solzhenitsyn.A few words to begin with about the general approach of Western observers to Soviet literature. Professor Erlich rightly dwells on the question of the relationship between politics and literature, and I would like to reinforce his sagacious plea for the maintenance of a "viable balance between literary and political considerations."
The Theme of Sterility in Olesha's Envy
Authors: Harkins William E. 
Published: April 2006

Iurii Olesha's Short Novel Envy (Zavist', 1927) has been greatly admired and even has some claim to be considered the “great Soviet novel.“Yet comparatively little has been written about Envy since the first flood of reviews and articles, many uncritical, appeared in the Soviet press between 1927 and 1933.Envy is a complex novel, sometimes described as expressionistic, written in a variety of styles and with many planes of meaning. Elements of realist, romanticist, and symbolist styles are present. Dreams, fantasies, and lies are introduced, often as reality. It is a work in which the author's ideological intentions are far from clear or unambiguous, a work deeply hedged with irony. And it is a work that can yield much to discerning analysis.
Moral Ambiguity in Dostoevski
Authors: Davison R. M. 
Published: April 2006

In a recent review of Wasiolek’s work on Dostoevski’s major writings Joseph Frank criticized the idea of moral ambiguity as “unquestionably the most dubious“ in the book. Although he regards the idea as useful and relevant, Frank feels that Wasiolek makes the “ambiguity more radical than it really is.” What is this concept and how radical is it in Dostoevski’s work?The notion is a more subtle and far-reaching version of the common view that things are not necessarily what they seem to be. It says that situations and actions are in themselves neutral and meaningless; any value or meaning is imposed by us. Expressed thus, moral ambiguity seems a rarefied concept, but in Dostoevski’s hands it becomes a vivid, if still confusing, reality. It is best illustrated at first by specific and limited incidents.
Did the Slavs Speak German at Their First Congress?
Authors: Orton Lawrence D. 
Published: April 2006

“The language spoken at the congress was German, then regarded as the Esperanto of the Slavs.”—Albert Mousset, Le Monde slave (1946)“The story that German was used at the congress is a hostile invention.”— Lewis Namier, 1848: The Revolution of the Intellectuals (1946)In his Pan-Slav treatise of 1837, On Literary Reciprocity Between the Different Branches and Dialects of the Slav Nation, Jan Kollár recommended that all educated Slavs ought to know the four principal Slavic “dialects”: Illyrian (Serbo-Croatian), Russian, Polish, and Czecho-Slovak. He thought that the scholar, however, should be able to use all the Slavic dialects, as well as the languages of the Slavs’ neighbors. But in a less frequently cited passage, in which he explained why his work was appearing in German, Kollar bemoaned the still limited knowledge of the various Slavic idioms, even among so-called learned Slavs: “When one wishes to make himself understood on any important matter to brother Slavs, he must use a foreign, non-Slavic tongue.”
The Academic Labor Market: Where Do We Go From Here?
Authors: Byrnes Robert F. 
Published: April 2006

The late Allan M. Cartter was chancellor and executive vice-president of New York University from 1966 through 1972 and then professor in the U.C.L.A. Graduate School of Education and director of its Laboratory for Research on Higher Education. An economist, he devoted the last fifteen years of his short but brilliant life to predicting academic trends, a subject which economists and educational administrators, until recently, have both neglected or mishandled, to our great misfortune.This book, his last and most important, is one of a series sponsored by the Carnegie Commission on Higher Education. It does not mention Slavic studies or any problems peculiar to them. Moreover, every field of study differs in some ways from every other: Russian and East European studies, for example, constitute a relatively new field, with a faculty corps which will have especially large retirements in the 1980s because of the way it blossomed after World War II.