bluuebunny/crossref_metadata_2025_split huggingface dataset:
Award Pronounced by His Majesty King George v As “ Amiable Compositeur ” Between the United States of America and the Republic of Chile in the Matter of the Alsop Claim
Authors: R. I. George 
Published: April 2006

London, July 5, 1911.Whereas by a Protocol dated the 1st day of December, 1909, the Government of the United States of America and the Government of the Republic of Chile resolved that, as they had not been able to agree as to the amount equitably due to the claimants in the Alsop case, they would submit the whole controversy to His late Majesty King Edward VII as an amiable compositeur to determine the amount equitably due to the said claimants; andWhereas on account of his untimely death His late Majesty was not able to carry out the duty which he had undertaken; andWhereas at the request of the two Governments We agreed to act in place of His late Majesty; andWhereas We determined to designate a Commission to study the papers submitted to Us on either side, and submit a Report to Us for Our consideration as to the amount equitably due to the said claimants; and
The Relations Between International Tribunals of Arbitration and the Jurisdiction of National Courts
Authors: Root Elihu 
Published: April 2006

The growing tendency towards international arbitration brings into special consideration and importance the relation between the jurisdiction of national courts of justice and international tribunals of arbitration.When one nation urges claims in behalf of its citizens upon the government of another nation and proposes arbitration, how far doea that other nation’s respect for its own independent sovereignty and for the integrity of its own judicial system require it to insist that the claims be submitted for final decision to its own national courts?The true basis for the consideration of this question is in the nature oi the obligation which constrains a nation to submit questions to any tribunal whatever.
Private Pecuniary Claims Arising Out of War
Authors: Borchard Edwin M. 
Published: April 2006

Any attempt to discuss the international responsibility of the State for injuries sustained by private individuals in time of war immediately encounters the difficulty of establishing any definite rules in the practice of awarding indemnities or compensation for private losses arising out of war. Nevertheless, an examination of the subject in the light of precedent and principle may not be without some useful results.In a general way, this responsibility of the State may be measured by the State’s obligation as a belligerent or a neutral to observe the rules of international law and of war. As it is obviously, however, beyond present possibilities to undertake a detailed review of these rules—which indeed have been ably treated in numerous works on the subject—the discussion here will be confined to the more important classes of cases in which pecuniary claims have been or are likely to be brought for injuries sustained by individuals or private property in time of war.
The “Protocole Additionnel” to the International Prize Court Convention
Authors: Butte George C. 
Published: April 2006

On September 19, 1910, at The Hague, plenipotentiaries of the following nations: Germany, United States of America, Argentine Republic, Austria-Hungary, Chile, Denmark, Spain, France, Great Britain, Japan, Norway, Netherlands and Sweden, signed an instrument entitled Protocole Additionnel á la Convention XII de la Haye du 18 Octobre, 1907. The protocol is by its own provisions (Art. 8) to be considered as forming an integral part of the Convention creating the International Court of Prize; and the acceptance of the protocole additionnel is likewise made a sine qua non to the acceptance of the original convention.The protocole additionnel seeks to create a different remedy and a modified procedure par dérogation to Articles 28 (paragraph one), 29 and 45 (paragraph two) of the Prize Court Convention and by eliminating Article 8 of the convention entirely and substituting therefor a method preserving the appearance of an action de novo in the International Court and confining its judgment to the ascertainment of the damages to be allowed an injured claimant. It is the practical embodiment of the voeu adopted by the London Naval Conference in 1909 at the instance of the delegation of the United States (acting under instructions from their government); and is intended to offer a means whereby certain nations named as parties to the protocol may obviate constitutional difficulties in the way of their ratifying the original convention.
The International Opium Conference
Authors: Wright Hamilton 
Published: April 2006

This conference, — the latest of the Hague Conferences to which the United States was a party, — was proposed by the United States on September 1, 1909, and convoked by the Netherlands Government on December 1, 1911. It dealt in a judicial manner with the varied and conflicting interests, diplomatic, moral, humanitarian and economic, of those governments represented and with the known similar interests of those not represented. Several of the governments in making pledges for the obliteration of the opium evil did so in the face of an eventual large financial sacrifice, but this was done thoughtfully and generously.The conference determined upon and on January 23rd last signed a convention for the suppression of the obnoxious features of their national and of the international opium, morphine and cocaine traffics, and for the regulation of that part of the production of and trade in the drugs which may be said to be legitimate. To China was confirmed much that she had contended for for a hundred years or more as to the vexatious export of Indian opium to her shores. This act, however, was but a broader recognition of what the British Government had, as between India and China, already yielded to China by virtue of the so-called Ten Year Agreement of 1907, and by the modification of that agreement signed at Peking on the 8th of May, 1911.
The Neutrality of Honduras and the Question of the Gulf of Fonseca
Authors: González Salvador Rodríguez 
Published: April 2006

The members of the Central American Peace Conference, held at Washington in 1907, primarily intent upon devising all possible ways and means of maintaining permanent peace in the Isthmus, sought to introduce into the treaties which resulted from the Conference not only those means and recourses which experience had shown would preserve good understanding and harmony among the five states, but, more particularly, they endeavored to find new methods which would strengthen the desideratum of the Conference by eliminating the causes of civil or interstate wars which might in the future occur in the Central American countries.Naturally, the arsenal to which the Conference had to turn for the new arms to combat the causes of and prevent all war and revolution, could be none other than historical experience and the principles of international law.
An Anglo-American Prize Tribunal
Authors: Baldwin Simeon E. 
Published: April 2006

One of the best achievements of The Hague Conference of 1907 was the scheme for an International Court of Appeal in Prize Cases. The world was not ready for it, and the differences of view between the greater and the lesser Powers have not unnaturally prevented its ratification. But is it not, under present circumstances, possible that a shorter step in the same direction might and could be taken by some of those Powers who are most concerned in the proper disposition of prize court proceedings?Madame de Staël declared that mankind was always advancing, but always in a spiral course. In 1915 the world, while it moved far during the preceding century or two in the direction of human brotherhood, seems to have come to a pause very close, so far as commercial intercourse between nations is concerned, to the point reached at the time of the French Revolution.
Some Questions of International Law in the European War
Authors: Garner James W. 
Published: April 2006

The history of the naval operations of the present war is quite without parallel, not only on account of the large number of enemy merchant vessels that have been destroyed without warning and the consequent loss of life of both neutral and non-combatant persons, but also because of the destruction on a large scale of ships of neutral Powers. According to the press dispatches, about one hundred and fifty neutral merchantmen, American, Danish, Dutch, Greek, Italian, Norwegian, Portuguese, and Swedish, have already been sunk by one or another belligerent—in most cases by German cruisers and submarines. The merchant marines of Denmark, Holland, Norway, and Sweden have been the heaviest sufferers. In a few cases the destruction was the resuit of error due to the alleged inability of the captor to distinguish the markings of the vessel, but in the majority of cases the reason alleged was that the ships were carrying contraband of war. In view of the extensive and unprecedented scale upon which this practice has been resorted to during the present War, the conditions under which the destruction by belligerents of neutral merchant vessels is permissible, if at all, well merit consideration in the light of international law and practice. Mr. Thomas Baty, an English authority of high standing, writing in 1911, thus states the practice of the past:
It is surely very remarkable, that in all the history of war up to the twentieth century not a single instance can be adduced of a neutral ship’s being destroyed on the high seas. Surely it is most significant that despite the utmost temptations and the fiercest stress of conflict, belligerents uniformly and scrupulously abstained from the least interference with neutral vessels, beyond ascertaining their characters and bringing them into port. French, Americans, Spaniards, Dutch, Danes—strict navy men and lax privateers—polished admirals and rough desperadoes—none of them dared send to the bottom a ship wearing the flag of a neutral state.
Russia’s Liability in Tort for Persia’s Breach of Contract
Authors: Bouvé Clement L. 
Published: April 2006

On August 18/31, 19.07, the Governments of Great Britain and Russia entered into the following agreement:
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the Emperor of All the Eussias, animated by the sincere desire to settle by mutual agreement different questions concerning the interest of their States on the Continent of Asia, have determined to conclude Agreements destined to prevent all cause of misunderstanding between Great Britain and Eussia in regard to the questions referred to, and have nominated for this purpose their respective plenipotentiaries, to wit:His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Eight Honourable Sir Arthur Nicolson, His Majesty’s Ambassador Extraordinary and Plenipoteniary to His Majesty the Emperor of All the Russias;His Majesty the Emperor of All the Eussias, the Master of his Court Alexander Iswolsky, Minister for Foreign Affairs;
The Pan American Origin of the Monroe Doctrine
Authors: Chandler Charles Lyon 
Published: April 2006

So much has been written regarding the origin of the Monroe Doctrine and on the supposed effects of the various causes contributing to its origin, toward its application at various times to different situations, that the only excuse that can be offered for discussing this phase of it must be to cover it from some fresh point of view.The distinguished Peruvian diplomatist and author, Dr. Anibal Maúrtua, on page 20 of his book La Idea Panamericana y la cuestión de Arbitraje, published in Lima in 1901, refers to President Monroe’s message of December 2, 1823, announcing the Monroe Doctrine, as a “Pan-American Declaration.” The great Argentine international jurist, Carlos Calvo, called it “declaratory of complete American independence,” and the Peruvian author, Carlos Arenas y Loayza, states in his excellent monograph on the Monroe Doctrine, published in Lima in 1905, that “the Monroe Doctrine is linked with our past and with our present, and gives us the key of the future of these Republics, considered in relation to the events of our times and the indications of the future; which republics, extending over the same continent, form one sole body, are called on to have one and the same spirit and to work in accord, in edifying friendship for justice and peace on earth.”
Diplomatic Procedure Preliminary to the Congress of Westphalia
Authors: Colegrove Kenneth 
Published: April 2006

During the negotiations leading up to the Congress of Westphalia a considerable number of problems of diplomatic procedure arose which occasioned serious delays in the conclusion of peace. The convoking of a general peace congress of the majority of the European states was a new departure in international practice; and in view of the great differences of these states in religion, politics, interests and language it was necessary to reach preliminary agreements on procedure before the actual work of making peace could begin. These agreements were not easily and quickly made; and the eight or nine years of negotiations which preceded the Congress of Westphalia are a good illustration of the fact that the diplomatic practice of today is the result of an evolutionary process.The corps diplomatique did not take form until the end of the fifteenth century; and for a century and more following its appearance, ambassadors and statesmen consumed a large part of their time in wranglings over the proper mode for conducting diplomatic business or the proper courtesies to be observed in international intercourse.
Safeguarding Peace—A Constructive Suggestion
Authors: Hyde Charles Cheney 
Published: April 2006

The United States finds its chief assurance of safety in its own strong arm and in its geographical position; for it has few treaties that offer solid barriers against conflict, and none that bind the other party not to wage war upon it should some conditions arise.In seeking safeguards against war numerous obstacles have checked our progress. We have not as a people been certain as to what we ought to give up for the sake of peace. We have not been clear as to what should be accepted as feasible and desirable substitutes for war. We have lacked conviction as to the efficacy of some modes of adjustment, and have overlooked the potentialities of others; and we have been reluctant to agree to experiment. We have rigidly declined to agree to make war against a state that becomes a belligerent in violation of its covenant, without considering whether there may not be some other unobjectionable and yet effective means of penalizing such a wrongdoer.
International Narcotics Control
Authors: Waddell Ian G. 
Published: April 2006

The use of opium originally prevailed only among vagrants and disreputable persons, who occasionally associated together for the purpose of partaking of this substance, but since it has extended itself among the members and descendants of reputable families, students, and officers of government, many of whom are so infatuated in their attachment to the drug as to make habitual use of it.
Report from the Foyen (Deputy-Governor of Canton) to the Hoppo (Receiver-General of Customs). 1799.
Vae Victis or Woe to the Negotiators! Your Treaty or Our “Interpretation” of it?
Authors: Fitzmaurice Gerald 
Published: April 2006

Bliss was it in that dawn to be alive; But to be young was very heaven!Wordsworth, The Prelude, Book 11.Where Alph, the sacred river ran Through caverns measureless to man Down to a sunless sea.Coleridge, Kubla Khan.The length of time which has unfortunately (owing entirely to the procrastinations and backslidings of this reviewer) elapsed since the date when this (by any standards) most original and arresting work was first published in April, 1967, makes it scarcely necessary to supply that systematic description of its contents which, up to a point, any well-ordered review ought to seek to do,—for by this time all those who are interested in its subject matter will have read or at least looked through it. We shall therefore concentrate on those salient aspects of it which, even after the familiarity of three years has softened their outlines, still seem to stand out with special prominence.
The Charter of Economic Rights and Duties of States and the Deprivation of Foreign-Owned Wealth
Authors: Weston Burns H. 
Published: April 2006

In a parable drawn fromThe Trial, Franz Kafka once etched the following chilling profile:Before the Law stands a doorkeeper on guard. To this doorkeeper there comes a man from the country who begs for admittance to the Law. But the doorkeeper says that he cannot admit the man at the moment. The man, on reflection, asks if he will be allowed, then, to enter later. “It is possible,” answers the doorkeeper, “but not at this moment.” Since the door leading into the Law stands open as usual and the doorkeeper steps to one side, the man bends down to peer through the entrance. When the doorkeeper sees that, he laughs and says: “If you are so strongly tempted, try to get in without my permission. But note that I am powerful. And I am only the lowest doorkeeper. From hall to hall keepers stand at every door, one more powerful than the other. Even the third of these has an aspect that even I cannot bear to look at.” These are difficulties which the man from the country had not expected to meet; the Law, he thinks, should be accessible to every man at all times….
Conditioning U.S. Security Assistance on Human Rights Practices
Authors: Cohen Stephen B. 
Published: April 2006

The level of parliament depends on whether it does not merely discuss great issues, but decisively influences them; in other words, its quality depends on whether what happens there matters, or whether parliament is nothing but the unwillingly tolerated rubber stamp of a ruling bureaucracy.Max WeberIn the United States, with its government of separated powers and functions, it is the executive branch, and in particular the Department of State, that bears responsibility for implementing legislation on foreign relations. The success of implementation will depend on political decisions, involving competing national interests, as well as on institutional and personal considerations of the officials concerned. Inevitably, there is a gap between legislation and execution, especially when the Executive is not wholly sympathetic to the law. The gap may even devour legislated policies as the Executive refuses "to take Care that the Laws be faithfully executed," and bureaucratic and personal considerations distort judgments, exploit the generality and uncertainty of language, and lead to abuse of discretion. A notable instance of this problem has been executive implementation of legislation on international human rights.
Custom on a Sliding Scale
Authors: Kirgis Frederic L. 
Published: April 2006

Every student who has ever taken a traditional international law course has learned Manley Hudson’s four elements for the emergence of a rule of customary international law:
(a)concordant practice by a number of States with reference to a type of situation falling within the domain of international relations;(b)continuation or repetition of the practice over a considerable period of time;(c)conception that the practice is required by, or consistent with, prevailing international law; and(d)general acquiescence in the practice by other States.
Respecting One’s Own Jurisprudence: A Plea to the International Court of Justice
Authors: Reisman W. Michael 
Published: April 2006

This above all—to thine own self be true, And it must follow, as the night the day, Thou canst not then be false to any man.Hamlet, 1.3.78On two occasions in the recent past, the International Court of Justice has misstated its own prior holdings by selective quotation. In each instance, the partial quotation was invoked as authority for the opposite of what the previous Court had said. Neither matter was de minimis: in each instance, the issue for which authority was being sought was central either to the case at bar or to an important aspect of the Court’s role. The consequences for the future of international adjudication and the stability of authoritative expectation, which is such an important strut of international law, are serious and merit examination.
The Canada-France Maritime Boundary Case: Drawing a Line Around St. Pierre and Miquelon
Authors: McDorman Ted L. 
Published: April 2006

Saint Pierre and Miquelon are two very small islands. Saint Pierre is ten square miles and Miquelon is 83 square miles. The total population for both islands is 5,800. Those islands are only 15 miles off the mouth of Fortune Bay in Newfoundland.It can hardly be serious that anyone should think France would have a claim for 22,000 square miles or do anything like that under international law.So mocked the Honorable John Crosbie in the Canadian House of Commons in 1982 before he became the Canadian government minister with responsibility for the Canada-France negotiations respecting St. Pierre and Miquelon.
Polish Colonial Ambitions in the Inter-War Period
Authors: Hunczak Taras 
Published: April 2006

One of the most interesting political anachronisms of this century was the Polish demand for colonies. The movement developed rapidly in size and intensity in the early 1930s and reached its climax in 1938-39. Ironically, the Poles clamored for colonies at a time when plans were being prepared to turn Poland herself into one of the first colonies of the Third Reich. In pursuing this course of action the Poles fell victim to the spirit of voluntarism, confusing the will to power with the precondition for greatpower status.The origin of the Polish colonial movement may be dated October 1, 1918, when an organization called Polska Bandera (Polish Flag) was founded by a group of twenty-five men for the purpose of popularizing the importance of the sea to Poland’s national interest and encouraging Polish youth to participate in inland and maritime navigation.
The New Soviet Two-Year Plan
Authors: Thornton Judith 
Published: April 2006

For the second time in five years, the Russian planners have abandoned a national plan in mid-course in order to substitute a new program which reflects changed priorities and makes less rigorous demands on the country's economic resources. Although no one has announced the official demise of the Seven-Year Plan, it has been superseded, in fact, by the new Two-Year Plan for 1964-65.Why has the regime found it necessary to draw up this interim plan to replace the last two years of the Seven-Year Plan? What changes does the new plan make in national economic goals? What are the prospects of the new Two-Year Plan, and what problems are likely to be encountered?
Smoler's Idea of Nationality
Authors: Brock Peter 
Published: April 2006

“Many Germans make a mistake … in assuming that the idea of nationality is the same with the Slavs as with the Germans, and this false view is responsible for many disagreements, which are very much in the way of a genuine understanding between Germans and Slavs.”“Our famous patriot and first leader of the new-born nation”—in these words an eminent Lusatian Serb scholar once described the awakener of his people, Jan Ernst (Arnost) Smoler (1816-84).